Maryland  |  Real Estate Law

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11/05/09, 11:44 am

Legal Question


I live in Carroll County, Maryland. My name & my wife's name are both on the title to the house. We have recently divorced. How do I remove my ex-wife's name from the title to the house?


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11/10/09, 12:13 pm

Legal Answer


You cannot do this without an agreement between you and your ex. Right now you own the property as tenants in common. She presumably had a marital interest in the property, and it would have been wise to resolve this issue as part of the divorce proceeding. She must deed over her interest in the property to you, and if she expects compensation for doing this, you will have to negotiate what that compensation is. Consult a real estate attorney to help you with this, including the preparation of a deed that will validly clear her name off the title. You want to have a written agreement about this and make sure the deed says that this is being done as part of a divorce to try and avoid transfer taxes when you submit the new deed for recording in the county land records.

Robert Sher

Wagshal and Sher 4824 Edgemoor Lane Bethesda, MD 20814

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