Divorce is tough enough without the added stress of sorting out property ownership. If your divorce decree awarded you the house but your ex-husband’s name is still on the deed, you’re not alone. Here’s a simple, step-by-step guide to removing your ex-husband from your deed and securing your property in your name alone.
Step 1: Verify Ownership and Your Divorce Agreement
First, confirm that your ex-husband is on the deed. You can pull a copy from the Lancaster County Recorder of Deeds or check online at lancasterdeeds.com. Then, review your divorce decree to ensure it awards you the property. Look for language like, “The home at [address] is granted to [your name].” If it’s unclear, you may need legal clarification—but don’t worry, we can point you in the right direction.
In Pennsylvania, the easiest way to remove someone from a deed after divorce is usually with what is sometimes called a Quitclaim Deed. This is a simple form where your ex-husband “quits” his claim to the property and transfers it to you.
Our team at Capstone Land Transfer can provide a customized form to ensure it meets Pennsylvania standards.
Step 3: Get His Signature
Fill out the Quitclaim Deed with:
- Your ex-husband as the “grantor” (the one giving up rights).
- Yourself as the “grantee” (the new sole owner).
- The property’s legal description (found on your current deed).
- A note tying it to your divorce, like “Per Divorce Decree, Case No. [number].”
He’ll need to sign it in front of a notary—think banks, UPS stores, or our office. If he’s cooperative, this step is a breeze. If not, keep reading for alternatives.
Step 4: Notarize and Prep for Recording
Once signed, the deed must be notarized. You’ll also need a Pennsylvania Statement of Value form. Good news: Divorce-related transfers are typically exempt from transfer taxes—just attach your divorce decree and check the “ex-spouse transfer” box. We can help you double-check this to avoid surprises.
Step 5: Record the Deed
Bring the notarized Quitclaim Deed, Statement of Value, and divorce decree to the Lancaster County Recorder of Deeds. Visit in person or use their e-recording option. The fee is around $70–$90, payable by cash, certified check, or money order. Once recorded, the deed is updated, and your ex-husband’s name is officially off!
What If He Won’t Sign?
If your ex refuses to cooperate, don’t panic. Head to the Lancaster County Court of Common Pleas and file a motion to enforce your divorce decree. A judge can order him to sign or issue a court order transferring the property to you. It’s a bit more work, but we’ve seen it done—and we have attorneys at our offices if needed.
Final Steps: Tie Up Loose Ends
After recording, grab a copy of the updated deed to confirm everything’s correct. Update your insurance and tax records too. Note that this process only affects the deed—not the mortgage. If you’re both on the loan, refinancing might be your next step. We’re happy to explain how that works with your lender.
Why It Matters—and How We Can Help
Recording the new deed protects your ownership and prevents future disputes. Whether you need a deed prepared, notarized, or recorded, or just want someone to handle the whole process, we’re here to make it simple and stress-free.
Contact us today for personalized support.
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