How to Transfer a Title From a Divorce in Ohio

By Jennifer Williams

As in any other state, divorcing Ohio spouses must arrive at a property settlement, either on their own or as imposed by the court. Sometimes it is necessary for one spouse to relinquish his or her interest in jointly owned marital property in order to facilitate the settlement. Transferring title to real property in Ohio during a divorce typically requires the relinquishing spouse to execute a quitclaim deed.

Step 1

Obtain a blank quitclaim deed form from the county recorder's office of the county where the property is located. Some recorder's offices have these forms available for download from their websites, or you may obtain one from an online legal document provider. If you cannot find a form, you may draft your own quitclaim deed using the format provided in Section 5302.11 of the Ohio Revised Code.

Step 2

Fill out the form by providing the information requested. Enter you name and marital status as grantor (the spouse transferring title); name, marital status and address of the spouse taking title; address of the property being transferred and its legal description; and the county recorder's book and page number where the original property deed is recorded. The legal description and book and page number are recited on the original deed. All you need to do is copy them.

Divorce is never easy, but we can help. Learn More

Step 3

Take the quitclaim deed to a notary public. Sign and date the form in front of the notary. Have the completed form notarized.

Step 4

Take the notarized deed to the county recorder's office in the county where the property is located. File the deed and pay any required filing fee. Ask the clerk for three file stamped copies. You may be required to pay a copy fee. Send one copy to your mortgage company, give one copy to your spouse for his records and keep one copy for your records.

Divorce is never easy, but we can help. Learn More
How to Remove a Divorced Spouse From an Auto Title in Michigan
 

References

Resources

Related articles

Quit Claim & Divorce Laws in Michigan

Michigan couples, like couples around the country, must split their marital property when they divorce, including the marital home. Since a house can't be divided down the middle, couples sometimes decide to split the value of the home; one spouse keeps the home and the mortgage, while the other gets her share of the equity in the form of a buyout. The spouse who gets the buyout signs a quit claim deed to give the other spouse full title to the home.

Can a Spouse Stay in a House During a Divorce Even Though They Are Not on the Deed?

A man's home may be his castle, but both spouses have the right to occupy a marital home unless and until ordered to leave by a divorce court. The house you and your spouse occupy during your marriage constitutes the marital home no matter whose name is on the deed or whose salary pays the bills.

How to Separate Property Appreciation in Marriage

Going through a separation or divorce means dividing different types of assets. Personal property is fairly easy to divide: whoever has it, keeps it or gives it to the other spouse. A couple can divide their real estate with a court order or deed. A bank can transfer funds from joint accounts into individual accounts. Valuing and dividing property appreciation, however, may require an alternative solution.

Get Divorced Online

Related articles

Meaning of the Legal Term "Rights of Survivorship"

The term, “Rights of survivorship,” refers to a form of property ownership where two or more people -- often a husband ...

How to File a Last Will & Testament in Ohio

You may file a last will and testament in Ohio for safekeeping or to initiate probate -- the legal proceeding used to ...

In the State of Georgia Does a Spouse Get Half in a Divorce if the Name Is Not on the Deed?

A spouse who isn't on a real estate deed is often entitled to part of the property in a Georgia divorce. Even though ...

Can a Spouse Get Half of the House in a Divorce in Connecticut?

Your home may be the most valuable asset you and your spouse own, so it will be important for you to claim your ...

Browse by category
Ready to Begin? GET STARTED