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Need to get someone's name off property

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radiodj

Junior Member
What is the name of your state? South Carolina

My husband & I purchased a house before we were married and both our names (my maiden) are on the mortgage. Now we are splitting up and I need to get his name off of the house. I changed my name after we were married, but I intend to change it back but that won't be immediately, and I am not sure how to fill out the Quit Claim Deed.
Do we put both of us as grantors with my maiden name, then only myself as grantee with my current name? For example - John Doe & Jane Smith to Jane Doe? Or should it be John Doe & Jane Smith to Jane Smith? Or John Doe & Jane Doe to Jane Doe?
All the legal documents, including the mortgage loan, have my maiden name on them.
And do I need to file anything other than the Quit Claim Deed? Where do I file it?
Also, after this deed is filed, how do I get his name off the mortgage?

Thanks!
 
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radiodj

Junior Member
Um...yes, he does. As a matter of fact, he would like it to happen the sooner the better. But he doesn't want to move out until we get this all finalized so there are no loose strings between us. So I am trying to find out ANSWERS, not create drama. Anyone who can HELP, please reply. Thank you!
 

BelizeBreeze

Senior Member
Geez it ain't rocket science lady. Take hubby to an attorney and have him sign a quit claim deed.

And lose the attitude. There was a reason for the question.
 

radiodj

Junior Member
Isn't it obvious that I am trying to prepare this thing myself and would like a few pointers? It's a fairly simple document, but I would just like to know that I am doing it correctly so there are no questions down the road. That's why I thought this message board was here. So again, anyone else who would like to actually help by answering my original questions?
 

Indiana Filer

Senior Member
To the best of my knowledge, here is the procedure:

Put yourself (using the names that are currently listed as the owners) as the grantors. If you have changed your name since the original purchase, you can put yourself down as "Firstname CurrentLastname, formerly known as Firstname FormerLastName". Put just yourself down as the grantee using whatever your legal name is.

That's the easy part. To get his name off the mortgage, refinance. Most likely, the bank won't release his liability for the mortgage. Even if he signs the quitclaim, until you refinance, he will continue to be liable in case you stop making payments. That's a bad idea for him. Don't screw him over on this.
 
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