Unless you’re planning a birdnesting-type situation to raise the kids after divorce, most people don’t want to live in the same home as their ex-spouse. If both of your names are on the house deed, one of you will need to take your name off the deed.
One way to do this is by having whichever ex-spouse is remaining in the home refinance the property, a common option for divorcees. However, this depends on that party’s ability to refinance. You could get a court order to have your ex refinance the home, but without the means to actually do so, it is difficult to force a hand.
If your ex does, on the other hand, have the ability to refinance but has not done so, you may be able to get a judge’s order to spur the action. This could lead to legal fees, especially if your original divorce judge no longer has jurisdiction over your case (if you have waited several years to pull your name from the deed, for example).
What Happens If I Don’t Remove My Name from the Deed?
As long as your name remains on the deed, you are considered a legal owner of that home. This means that if your ex-spouse still living in the house fails to make mortgage payments, your credit can suffer. If your ex does not have liability insurance and someone is hurt at that home, you can still be sued for damages for that person’s injuries. It’s always best to settle these types of issues while negotiating a divorce settlement, not after.
Denver family law attorneys dedicated to helping divorce clients through this intensely difficult and emotional time in their lives.