Real Estate in Divorce or Marriage: How Property Titles Are Affected
Marriage and divorce are two of life’s biggest milestones, and one of the biggest questions people face during these times is, “What happens to my house?” Real estate is often the largest asset you own, so it’s important to know how your property title is affected when your relationship status changes.
Getting Married: Updating Your Property Title
When you get married, you might want to update your property title to include your spouse. This decision can affect who legally owns the home, what happens if something happens to one of you, and how your property is protected.
Here are the most common ways married couples hold title:
Joint Tenancy with Right of Survivorship
Both you and your spouse own the home equally. If one of you passes away, the other automatically becomes the full owner.Tenancy by the Entirety (where available)
This is similar to joint tenancy but gives extra protection. If only one spouse has debts, creditors usually cannot force the sale of the home.Community Property (in certain states)
Each spouse owns 50% of the home. When one spouse passes away, the other usually inherits their half, although this can vary depending on state laws.
Pro Tip: If you bought your home before marriage, you may need to sign a quitclaim deed or other document to add your spouse to the title.
Going Through a Divorce: Dividing Property the Right Way
Divorce can make things more complicated, especially if you own real estate together. Deciding who keeps the home or whether to sell can be emotional and financially important.
Here’s what often happens to property titles in a divorce:
One Spouse Keeps the Home
If one of you keeps the house, the other may sign a quitclaim deed to remove their name from the title.Selling the Property
Many couples decide to sell the house and split the profits. This can be the simplest way to move forward and avoid future issues.Refinancing the Mortgage
If one spouse is keeping the house, refinancing is usually needed to remove the other from the mortgage, not just the title.
Pro Tip: Even if your divorce paperwork says you get the house, you still need to update the title. Otherwise, your ex may still legally co-own it.
Why Work with New Door Title
Marriage and divorce can be stressful enough without worrying about whether your property title is handled correctly. That’s where we come in with the support of our real estate attorney.
At New Door Title, we:
Make sure ownership transfers are done right the first time
Update county records so there’s no confusion later
Protect you from future disputes or title issues
Your home is one of your biggest investments, and you deserve peace of mind knowing everything is in order.
Let’s Open a New Door Together
Whether you are getting married, going through a divorce, or simply making sure your title is up to date, our team is here to help you take the next step with confidence.