How to remove spouse from deed on my house

[kathouse1969]

What is the name of your state (only U.S. law)? Michigan

Hello. I own my home meaning out-right. My mortgage is paid off. I added my 2nd husband to the deed in 2016 so he would feel more secure in the relationship. He came in to this marriage with nothing but love. Now that love and support is waning as I have become sick (an auto immune disease recently diagnosed). I don't even consider him my friend at this point. If I added him to the deed can I just as easily remove him? If so, how? If not, if I file for divorce is he entitled to half of the home?

 

[Zigner]

What is the name of your state (only U.S. law)? Michigan

Hello. I own my home meaning out-right. My mortgage is paid off. I added my 2nd husband to the deed in 2016 so he would feel more secure in the relationship. He came in to this marriage with nothing but love. Now that love and support is waning as I have become sick (an auto immune disease recently diagnosed). I don't even consider him my friend at this point. If I added him to the deed can I just as easily remove him? If so, how? If not, if I file for divorce is he entitled to half of the home?

You could buy him out. I mean, it's his house too.

 

[LdiJ]

What is the name of your state (only U.S. law)? Michigan

Hello. I own my home meaning out-right. My mortgage is paid off. I added my 2nd husband to the deed in 2016 so he would feel more secure in the relationship. He came in to this marriage with nothing but love. Now that love and support is waning as I have become sick (an auto immune disease recently diagnosed). I don't even consider him my friend at this point. If I added him to the deed can I just as easily remove him? If so, how? If not, if I file for divorce is he entitled to half of the home?

I am so sorry, but when you added him to the deed you gifted him, permanently, 1/2 of the house.

 

[xylene]

Feel secure, sure. No problem!

Be secure? JK!

 

[NIV]

If I added him to the deed can I just as easily remove him? If so, how? If not, if I file for divorce is he entitled to half of the home?

He can be just as easily removed as added using the same process. Get a quit claim deed, signed by all the owners, giving the property to you.

 

[latigo]

What is the name of your state (only U.S. law)? Michigan

Hello. I own my home meaning out-right. My mortgage is paid off. I added my 2nd husband to the deed in 2016 so he would feel more secure in the relationship. He came in to this marriage with nothing but love. Now that love and support is waning as I have become sick (an auto immune disease recently diagnosed). I don't even consider him my friend at this point. If I added him to the deed can I just as easily remove him? If so, how? If not, if I file for divorce is he entitled to half of the home?

As has been explained you cannot now remove your husband from the title to your home. No more than the person or persons that deed the property to you can have your removed from the title to the home.

Unless the instrument used to include your husband to the title to the home specified the degree or percentage of ownership conveyed, it would mean that you each now own and equal undivided one half of the whole. Not a percentage of a given part of the whole but the whole shebang.
____________________

For what it is worth - the words "added to a deed" is a misnomer but commonly used to express that an owner of land has transferred a portion of his or her ownership to another person. It does not mean that the owner has added the name of the other person to his or her deed. (Once executed, delivered and recorded his or her deed becomes permanent and cannot be altered.) Instead it means that the owner has executed and delivered a separate deed to the new partial owner and once the instrument is recorded that person is thusly added to the title/ownership of the land.

Unlike the certificate of title to a motor vehicles the ownership of land is not regulated by who has what deed and who has been added to whose deed or what deed has been lost, found, transferred, swapped, traded, stolen or destroyed. (Such as in early Hollywood where entire screen plots were based on the travels and escapades of a deed to a coveted piece of land. E. g. Marx Brothers "Go West" and the infamous deed to "Dead Man's Gulch".)

Ownership of land in this country is regulated by designated political subdivisions of each state where all transactions affecting a parcel of land within the political subdivision are recorded and permanently maintained. It is those records and no other that control.

 

[latigo]

He can be just as easily removed as added using the same process. Get a quit claim deed, signed by all the owners, giving the property to you.

The question asked is:

"Can I just as easily remove him", not can he remove himself.

 

[Zigner]

The question asked is:

"Can I just as easily remove him", not can he remove himself.

The answer given was accurate. If the OP can get the other party to sign a quit claim, then the problem is solved.

 

[NIV]

The question asked is:

"Can I just as easily remove him", not can he remove himself.

The question(s) asked were:

If I added him to the deed can I just as easily remove him? If so, how? If not, if I file for divorce is he entitled to half of the home?

With the title question of:

How to remove spouse from deed on my house

I explained the process. You may focus on the pronouns you find most important.

 

[justalayman]

The answer given was accurate. If the OP can get the other party to sign a quit claim, then the problem is solved.

It's not an accurate answer to the question asked though. Op cannot remove husband from title. He can remove himself or a court could remove him but op cannot remove him.

Given op doesn't even consider her husband as a friend I suspect it wil not be as simple as asking him to execute a deed transferring his share to the op. While NIV's statement is accurate in itself, when reading the entire post it suggests the method NIV described just is not likely to transpire in the method and simplicity NIV provided.

 

[Zigner]

It's not an accurate answer to the question asked though. Op cannot remove husband from title. He can remove himself or a court could remove him but op cannot remove him.

Given op doesn't even consider her husband as a friend I suspect it wil not be as simple as asking him to execute a deed transferring his share to the op. While NIV's statement is accurate in itself, when reading the entire post it suggests the method NIV described just is not likely to transpire in the method and simplicity NIV provided.

"Not easy" doesn't mean "not accurate"

 

[justalayman]

"Not easy" doesn't mean "not accurate"

Well, it's actually quite easy to remove him from
The deed. An eraser or wite-out will do the trick.

But She cannot remove him from title, at all, period, end of story. Either he removes himself or
a court does (which is very uncommon in divorces). So how do "I" remove him is answer by; you can't.

 

[kathouse1969]

You could buy him out. I mean, it's his house too.

I think a little more information is needed. I paid off the house in 2010 with the inheritance I received after my entire family passed away: that's right, my entire family is dead. I'm talking parents, siblings, aunts, uncles. I only have my 3 children ages 15, 20 and 22. I am 47. I divorced my first husband finalized in 2013. I was able to negotiate keeping this house 100% if I gave up spousal support and took on a large credit card debt. I married this "man" in 2014 and, what with ups and downs in the relationship, I appeased him by adding him to the deed. This "man" came into this relationship with zero, nothing, nada and I accepted that and loved him for who he was. Now it's 1/2 his house from what I'm understanding. I also understand that I cannot just remove him without his consent. And, of course, he would not give consent. I have to live with my decision. I did not foresee things would take a turn when I got sick. He has to live with himself--what kind of man would take 1/2 of a woman's only thing she owns and turn his back on her when she's sick? I'm not dead yet! And the prognosis is not death, but without disease management it could mean death sooner than expected.
"You could buy him out"....really? Who has over $100,000 laying around? Not me. I don't want another mortgage. Could he buy me out? Not likely what with poor to no credit and low wages. So I will leave it up to a judge to decide what he thinks is best, fair, etc. I'd rather cut my losses now rather than jacking up legal fees fighting for this house. Afterall, it's just a possession; my health and happiness is more important. I say, "sell this M***********!" In the end we all reap what we sow anyway.

 

[HighwayMan]

I think a little more information is needed.

No it's not. You've been given the answer to the question.

 

[Zigner]

I think a little more information is needed. I paid off the house in 2010 with the inheritance I received after my entire family passed away: that's right, my entire family is dead. I'm talking parents, siblings, aunts, uncles. I only have my 3 children ages 15, 20 and 22. I am 47. I divorced my first husband finalized in 2013. I was able to negotiate keeping this house 100% if I gave up spousal support and took on a large credit card debt. I married this "man" in 2014 and, what with ups and downs in the relationship, I appeased him by adding him to the deed. This "man" came into this relationship with zero, nothing, nada and I accepted that and loved him for who he was. Now it's 1/2 his house from what I'm understanding. I also understand that I cannot just remove him without his consent. And, of course, he would not give consent. I have to live with my decision. I did not foresee things would take a turn when I got sick. He has to live with himself--what kind of man would take 1/2 of a woman's only thing she owns and turn his back on her when she's sick? I'm not dead yet! And the prognosis is not death, but without disease management it could mean death sooner than expected.
"You could buy him out"....really? Who has over $100,000 laying around? Not me. I don't want another mortgage. Could he buy me out? Not likely what with poor to no credit and low wages. So I will leave it up to a judge to decide what he thinks is best, fair, etc. I'd rather cut my losses now rather than jacking up legal fees fighting for this house. Afterall, it's just a possession; my health and happiness is more important. I say, "sell this M***********!" In the end we all reap what we sow anyway.

You chose him