After a divorce, the court will determine how the assets should be distributed. One partner cannot remove the name of the other from property without the court's ratification.
Cross it out
No, after divorce what property you obtain is yours. If you come into a marriage with property that is yours as well when you divorce.
Property and divorce laws vary from state to state. The division of property depends on many factors such as whether you live in a community property estate, if the property was acquired during the marriage, etc.
Not if the division of property requires it to be sold and split.
You can't "remove" the other owner's name from a deed. They own a half interest in the property if they are a grantee on a deed with you. That person would need to execute a deed that transfers their interest to you voluntarily. You need to make them an offer to buy their interest in the property. When two people purchase real property together they each have an equal right to the use and possession of the property. Since you are not married the property cannot be redistributed by a divorce decree. If you have further questions regarding the situation you should consult with an attorney.
Distribution of property in a divorce proceeding is different in community property and separate property states. The nature of the property and whether it was inherited or acquired prior to the marriage are factors may be considered. You need to consult with an attorney in your area who is familiar with the laws in your particular jurisdiction.
If the judgment lien was placed before the divorce and not paid or settled the property could not have been conveyed to another party regardless of the terms divorce decree. If the couple lived in a community property state the property lien is against both of them even though only one spouse incurred the debt and the awarding of the home in the divorce decree is irrelevant as to the validity of the judgment. Before the deed can be conveyed to the spouse who was awarded the property the judgment will have to be paid or settled according to the terms of the lien holder.
No but in the case of divorce it may be considered marital property.No but in the case of divorce it may be considered marital property.No but in the case of divorce it may be considered marital property.No but in the case of divorce it may be considered marital property.
If your husband signed the deed as part of a separation agreement that you refinance the property in your own name and you didn't, then you are in contempt of a court order. You should consult with an attorney, preferably the attorney who represented you in the divorce.
One way to remove one or the other person off the deed of trust, is to refinance the loan.
Absent a written agreement or strong evidence to the contrary, the right to lease, manage and collect rent on property follows ownership. If the property is tied up in a divorce, then the divorce court will make a ruling if the matter is brought to its attention.
The division of the marital property should be addressed in the separation agreement that will become part of the divorce proceeding. Once it has been signed the property could be exchanged at any time of convenience for the parties.