My wife and i are divorcing due to her infidelity. She has agreed that since she never paid any of the mortgage or bills, that she would sign the house over to me. We built the house together before we were married and both our names are on all the paperwork. Do i need to fill out a quit claim deed, or maybe a deed without warranty? for the option that asks consideration, would this be a nominal, actual price, or gift?
Or do i just need to refinance the house in just my name and not fill out a form?
Because we are not a law firm, we cannot give legal advice about what you should or shouldn’t do in a specific situation. That being said, though, you may want to check out our article on removing ex-spouses from a deed (if you haven’t already). The standard procedure is for the spouse who will not keep the property (your wife, in this case) to sign a quitclaim deed (or, in Texas, a deed without warranty) transferring her entire interest in the property to the spouse that will keep the property. Here’s a quote from the article:
It is important that the entire property be included in the deed. Some ex-spouses make the mistake of transferring only a one-half interest in the property thinking that this will be sufficient to transfer the ex-spouse’s one-half interest. But this is not the way that co-ownership of real estate works. When spouses jointly own property, they are each considered to have an interest in the entire property. To remove an ex-spouse, the deed should transfer the entire property—not just a one-half interest—to the spouse that will keep the property.
As far as consideration goes, note that our discussion of consideration mentions that transfers between spouses are commonly transferred for no consideration (in the interview, that would be nominal consideration).
Disclaimer: Your use of DeedClaim.com to prepare your own deed does not create an attorney-client relationship. DeedClaim.com is not a law firm and our services are not a substitute for legal advice. You should not take anything contained in this response or published on DeedClaim.com to be legal advice about your specific situation or make any decisions based on it.