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Current Nevada Law: Subject to Verification
A divorce decree, a recorded deed and a mortgage/deed-of-trust obligation are separate documents that do different jobs. A quitclaim deed transfers an ownership interest but does not by itself remove someone from a mortgage or deed of trust obligation. Whether a former spouse must sign and what documentation is required to transfer clean title are legal and title questions for qualified Nevada counsel and title professionals. Verify current Nevada law and the specific facts of your situation.
The Divorce Decree, the Deed and the Mortgage
THE DIVORCE DECREE / THE DEED / THE MORTGAGE
They are not the same document and they do not perform the same job.
Example
Divorce decree:
"Wife is awarded the marital residence."
But Clark County records still show:
Husband and Wife.
Mortgage still shows:
Husband and Wife.
Five years later, Wife wants to sell.
The divorce decree may establish important rights between the parties, but title professionals still need to determine what documentation is required to transfer clean title.
"He Signed a Quitclaim. Is He Off the Mortgage?"
Not necessarily.
A deed transfers ownership interests.
A mortgage or deed-of-trust obligation is a separate financial issue.
Someone can potentially stop owning the property while remaining obligated on a loan.
What if Your Ex Will Not Cooperate?
If documents or a court order require cooperation and the ex refuses, legal enforcement may be necessary.
Do not wait until you have a buyer.
What Should You Give Lisa?
Tell Lisa:
- Divorce occurred
- Ex appears on deed if known
- Whether a deed was signed
- Whether a court order exists
You do not need to tell the entire emotional history.
We need the ownership facts.
How Lisa Helps
Lisa can establish value and prepare the sale while title and legal professionals determine what must happen with the former spouse's recorded interest.
