How do I remove my mom’s ex-husband’s name from the deed?
My mother helped me purchase a home. She’s responsible for the mortgage, but I’ve been paying. We were both married at the time and now she went through a divorce. I wanted to submit a quit claim deed to remove his name.
However, on the warranty deed it stated her name as "a married woman" and my name as "a married man." How do I go about re-recording this to the Clerk of Courts? Thanks.
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You and your mom (as the current owners, a.k.a. the “grantors”) can sign a new quit claim deed that transfers the property from the three of you (you, your mom, and her ex) to just you and your mom. This way, you're cleaning up the title and officially removing his name. Make sure the new deed clearly reflects your current marital statuses too, like “a single man” or “an unmarried woman” if that applies now.
You mentioned you have the divorce decree, which is great. Take a quick look to confirm that it doesn’t require him to keep any ownership or interest in the home. It sounds like he was never meant to have a long-term interest in the house anyway, but best to be sure.
Get the quit claim deed notarized and filled out. Once the deed is drafted, you and your mom should sign it in front of a notary. Every county has slightly different formatting rules (like margin sizes or font sizes), so before signing anything, it’s worth checking your local Clerk of Court or Recorder’s Office website for the recording requirements. Some of them even have fill-in-the-blank templates online you can use.
After you’ve signed and notarized the new quit claim deed, bring or mail it to your county’s Clerk of Courts or Recorder’s Office. You’ll likely need to pay a small recording fee. Once it’s officially recorded, the public record will show just you and your mom as the owners.
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My mother helped me purchase a home. She’s responsible for the mortgage, but I’ve been paying. We were both married at the time and now she went through a divorce. I wanted to submit a quit claim deed to remove his name.
However, on the warranty deed it stated her name as "a married woman" and my name as "a married man." How do I go about re-recording this to the Clerk of Courts? Thanks.
Lexi, Chatbot
I understand the situation with the deed can be confusing. Have you consulted with a real estate attorney about this issue?
No, I haven’t.
Lexi, Chatbot
Have you gathered all the necessary documents related to the original deed and the divorce proceedings?
Yes. I have the divorce decree and original deed.
Lexi, Chatbot
Is there anything else the lawyer should know before I connect you? Rest assured they'll be able to help with updating the deed.
No, there is nothing else.
Legal Eagle
Hello! Legal Eagle here. I'm reviewing your issue in detail.
What specific changes are you hoping to achieve with the quit claim deed?
To keep me and my mother as the grantors and to assure his name is fully removed. Let me know if you need me to send attachments for visuals. Thanks!
Legal Eagle
Ok thanks! Just a few more questions. Have you discussed with your mother how she feels about removing her ex-husband's name from the deed, and does she agree with this action?
Yes, she definitely wants to remove his name as her name was removed from the property they shared together.
Legal Eagle
Got it. Was there any other facts you'd like to add before I answered your question?
No, that is all.
Legal Eagle
You and your mom (as the current owners, a.k.a. the “grantors”) can sign a new quit claim deed that transfers the property from the three of you (you, your mom, and her ex) to just you and your mom. This way, you're cleaning up the title and officially removing his name. Make sure the new deed clearly reflects your current marital statuses too, like “a single man” or “an unmarried woman” if that applies now.
You mentioned you have the divorce decree, which is great. Take a quick look to confirm that it doesn’t require him to keep any ownership or interest in the home. It sounds like he was never meant to have a long-term interest in the house anyway, but best to be sure.
Get the quit claim deed notarized and filled out. Once the deed is drafted, you and your mom should sign it in front of a notary. Every county has slightly different formatting rules (like margin sizes or font sizes), so before signing anything, it’s worth checking your local Clerk of Court or Recorder’s Office website for the recording requirements. Some of them even have fill-in-the-blank templates online you can use.
After you’ve signed and notarized the new quit claim deed, bring or mail it to your county’s Clerk of Courts or Recorder’s Office. You’ll likely need to pay a small recording fee. Once it’s officially recorded, the public record will show just you and your mom as the owners.
Great, that was super helpful. I checked it—he doesn’t have any ownership or interest.
My last question is: on the new form, will I list her as the grantor and myself and her as the grantee? So when the new form is recorded it will then show us both as the new owners, correct?
Or on the new form, do I put both myself and mother as the grantors and also both the grantees? That’s the only confusion I’m having.
Legal Eagle
Sure thing! If your mother is the current sole owner and you're adding yourself as a co-owner, she should be listed as the only grantor (since she's the one transferring an interest in the property). Then, both you and your mother will be listed as the grantees, because you're both going to own the property after the transfer.
So yes, the deed will say something like:
Grantor: [Mother’s full legal name]
Grantees: [Mother’s full legal name] and [Your full legal name], as joint tenants (or tenants in common, depending on how you want to hold title)
That way, when the deed is recorded, it shows both of you as owners. You do not list yourself as a grantor unless you’re also giving up some ownership interest—which you're not.
You’re the best. Thank you so much! I left you a token of appreciation!
Legal Eagle
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