Can I Remove My Spouse From the Deed to My House?
We enter marriage with the belief that it will last forever. Therefore, we do things to support that ideal, such as putting our spouse on the deed to our house.
But sometimes, life doesn’t go as we planned, and we realize the person we married isn’t the person we want to spend the rest of our lives with. However, before initiating divorce proceedings, you will want to take some time to consider your situation and the best way forward, including removing your spouse from the deed to your house.
Can it be done? Yes. But, depending on the scenario, it could become complicated.
First Scenario: You and Your Spouse Purchased the House Together
In California, a community property state, any property acquired by either spouse during the marriage is regarded as jointly owned by both partners. During a divorce, marital assets are divided equally, regardless of whether the marriage lasted three years or thirty. Consequently, both parties possess equal ownership rights to the property.
If you and your spouse purchased the house together, you will need to buy out your spouse’s interest in the property. Once the divorce decree is signed, your spouse must sign a quitclaim deed giving up their rights to the property. If they refuse to do so, you must return to court to ask and request that the judgment be enforced.
Second Scenario: You Owned the House Before Marriage and Added Your Spouse to the Deed
Any property you acquired before the marriage is generally considered separate property, and the spouse who owned the home before marriage typically retains ownership after the divorce. But if you add your spouse to the deed, it becomes more complex.
By adding your spouse to the deed of a home you owned outright before marriage, you have effectively changed the property’s character from separate to potentially community property. This act can be interpreted as a gift to the marital community, meaning both spouses now have an equal ownership interest in the property.
However, the specifics can vary greatly depending on circumstances:
- If there were a prenuptial or postnuptial agreement specifying that you retain ownership of the house in the event of a divorce, that agreement would likely prevail.
- If you can prove that it was not your intention to make a gift of the property to the marital community, the court might consider this evidence. However, changing a title to include a spouse’s name typically signifies an intent to gift, and proving otherwise may be difficult.
Legal Advice is Critical
Preparing for your divorce is crucial before you file, especially when it involves protecting your assets. Given the complexities involved in your situation, it’s vital that you work with an attorney who understands the nuances of California’s community property laws. Our attorneys at Lonich Patton Ehrlich Policastri have over a decade of experience and can advise you on your rights and options for retaining ownership of your home.
Contact us for a free consultation by calling (408) 553-0801. We can help you reach a positive resolution to your case.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
Gretchen Boger
Gretchen Z. Boger began her law career as a Deputy District Attorney in San Joaquin County from 2007 – 2010. During her tenure with the D.A.’s office, she prosecuted 17 jury trials. Ms. Boger has been practicing family law exclusively since January 2010. Ms. Boger joined Lonich Patton Ehrlich Policastri in 2013. She received her Juris Doctorate from the University of the Pacific, McGeorge School of Law. During her time at McGeorge, she received a concentration in trial advocacy.
