When a relationship breaks down, few issues are more stressful than deciding what happens to the home you once shared. For many Virginians navigating separation or divorce, one of the most pressing questions is: “How do I get my estranged spouse off the title to our house?”
The answer depends on your marital status, how the home was titled, whether there’s a mortgage involved, and whether you and your spouse are in agreement. This article will walk you through your options and outline the legal paths available to help protect your property rights under Virginia law.
What Does It Mean to Be “On the Title”?
Let’s start by clarifying the term “title.” When someone is “on the title” of a property, it means they are a legal owner. The title is documented through a deed—a legal instrument recorded with the circuit court that shows who owns the property.
It’s common to confuse the title with the mortgage, but they are separate. Being listed on the mortgage means you are financially responsible for the loan. Being on the title means you own the property (in whole or in part).
In Virginia, most married couples take title as “tenants by the entirety,” a form of ownership that offers survivorship rights and legal protections. However, some properties are held jointly, as tenants in common, or in one spouse’s name alone. The type of ownership has a big impact on how and whether someone can be removed from title. To make things even more complex, when married couples obtain a final divorce, the instant the decree is entered, the ownership is changed from from Tenants by the Entirety to Tenants in Common!
Common Scenarios in Virginia
Every situation is different, but here are some typical scenarios we see:
- Married but separated: You are still legally married, but living separately. You may or may not have a separation agreement.
- Divorced, but still co-owners: The divorce is final, but the property division wasn’t fully resolved.
- One spouse refuses to leave: You want to sell or refinance, but your spouse won’t cooperate.
- Your spouse is on the deed, but you paid for the house: You added them to the deed during the marriage, but now regret it.
- You want to keep the home: You’re living in the house and paying the mortgage, but want full ownership. You won’t generally be able to refinance, get a line of credit against the title, or sell without the cooperation of a co-owner!
Each of these situations requires a different approach, and the law offers several paths—some cooperative, some combative—to resolve ownership disputes.
Legal Ways to Remove a Spouse from Title in Virginia
1. Quitclaim Deed (Voluntary Transfer)
If you and your spouse are on good terms—or can reach a civil agreement—your spouse can voluntarily sign a quitclaim deed to transfer their ownership interest to you.
A quitclaim deed does not provide any warranties—it simply conveys any interest the person has in the property. It’s common in divorce settlements where one party is giving up rights to the home.
In Virginia, a quitclaim deed must:
- Be signed and notarized by the transferring party
- Be filed with the Clerk of the Circuit Court in the locality where the property is located
- Include the appropriate deed recording fees and taxes
Pros:
- Quick and cost-effective
- Avoids litigation
Cons:
- Must be voluntary
- Doesn’t affect the mortgage (you may still be jointly liable)
If your spouse refuses to sign a quitclaim deed, other legal options may be necessary. If your spouse does agree to sign a deed over to you, it may behoove you to add an “assumption clause” to the deed if you think you might later want to get permission from the lender to be the sole borrower on the existing mortgage.
2. Divorce Settlement or Property Agreement
In Virginia, property is divided under the legal principle of equitable distribution, meaning the court will divide marital property in a way that is fair, but not necessarily equal.
If your home is considered marital property, a divorce decree can specify who retains ownership. The judge may:
- Order one spouse to refinance and remove the other’s name from the mortgage
- Order the home to be sold and proceeds divided
- Award the home to one party, conditioned on a buyout of the other’s equity
This process is formalized through a Marital Settlement Agreement or a court order, followed by execution of a deed transferring title. Unfortunately, it is not uncommon for even good divorce lawyers to stop one step short of finalizing this process, i.e., they get the court order to sign it over but then just don’t draft a deed or get it signed to carry out the terms of the court order. It can leave you no better off than you were before the court order and you may have to go back to court to hold a non-cooperating ex-spouse in contempt for later refusing to sign the deed.