How to Take Name Off Deef Following Divorce by Mike Broemmel - San Francisco Chronicle

A major component of a typical divorce case involves dividing the assets obtained by the spouses during the marriage, according to "The Complete Divorce Handbook: A Practical Guide" by Brette McWhorter Sember. California is one of about 10 states that use a community property standard in dividing property in a divorce. "Community property" means that each spouse is entitled to 50 percent of the assets obtained during the course of the marriage. If your spouse is awarded ownership of a house, without a mortgage, through divorce, you need to understand the procedure to remove your name from the deed to that property.

Obtain a quitclaim deed form. The register of deeds in the county where the house is located maintains this type of deed form.

Fill out the quitclaim deed form. Insert your name in the space marked "grantor" and your spouse's name in the space designated "grantee."

Include the legal description of the property in the space on the form set aside for this purpose. You take the legal description off the current deed to the property, which is available through the register of deeds.

Sign the quitclaim deed in front of a notary public.
 

File the quitclaim deed at the register of deeds office. Pay the required filing fee. The fee differs from one county to another.

A quitclaim deed is a basic legal instrument that transfers whatever interest you maintain in the house to your spouse. Using the quitclaim deed allows you to transfer that interest without undertaking a full-blown title search.

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