How to Remove Your Spouse from the Deed in Maryland

When a marriage ends, untangling the financial and legal ties between spouses becomes one of the most crucial—and often complex—tasks. For many Maryland couples, the family home is their largest asset and one of the most emotionally charged aspects of a divorce. Many couples ask, “How can I remove my spouse from my deed in Maryland?”

At Brodsky Renehan Pearlstein & Bouquet, our Maryland family law attorneys frequently assist clients in navigating the process of removing a spouse from the deed of jointly owned property. Understanding your legal rights, the correct procedures, and what to expect can help you move forward with clarity and confidence.

What It Means to Be on a Deed in Maryland

In Maryland, the deed to a home determines legal ownership of the property, not the mortgage. If both spouses are listed on the deed, they each have a legal ownership interest, regardless of who is paying the mortgage. Property may be held in several forms, such as “tenants by the entirety” (a designation exclusive to married couples), “joint tenants,” or “tenants in common.” Each of these designations carries distinct legal implications for ownership and the division of assets during divorce.

During a divorce, simply being on the deed doesn’t guarantee you’ll keep the property, nor does being left off mean you’re not entitled to an equitable share. Under Maryland law, courts follow the principle of equitable distribution, which means that property is divided fairly, rather than equally. That includes real estate. The Court may transfer jointly owned real property that was used as the parties’ principal residence to one party.  The Court may not transfer ownership interest from one party to the other if the deed is solely in one parties’ name. However, the court may determine a party is entitled to a share of real property when he/s is not on the deed, in which case the Court may award a monetary award to said party.

Understanding Marital vs. Non-Marital Property

Maryland law (Md. Code, Family Law § 8-201) defines marital property as any property acquired by one or both spouses during the marriage, with certain exceptions such as inheritances or gifts to one spouse. This means that a home purchased during the marriage will likely be considered marital property, even if only one spouse is on the deed.

A spouse may try to argue that the property is non-marital—perhaps because they owned it before marriage—but if the non-owner spouse contributed to mortgage payments, renovations, or maintenance using marital funds, the home may be classified as partially or fully marital. As a Maryland divorce attorney, we analyze the facts of each case carefully to help our clients understand their legal standing.

Ways to Remove a Spouse from the Deed

Once both parties agree—or the court determines—that one spouse will retain ownership of the home, several legal steps must be taken to remove the other spouse from the deed. Below are the most common steps or alternatives.

1. Execute a Quitclaim Deed

A quitclaim deed is the most straightforward way to transfer one spouse’s ownership interest to the other. This document allows one party (the grantor) to relinquish any legal claim they have to the property to the other (the grantee). A quitclaim deed does not require the property to be sold and does not guarantee that the grantor’s title was valid—it merely releases their claim.

In a divorce context, quitclaim deeds are often executed as part of the marital settlement agreement. Once the deed is signed and notarized, it must be recorded at the county Land Records Office to establish priority and chain of title.

However, it’s crucial to understand that a quitclaim deed does not affect the mortgage. The spouse who signs over the deed is still legally responsible for the mortgage unless other action is taken.

2. Refinance the Mortgage

To fully remove a spouse from any financial obligation tied to the home, the spouse who will keep the house should refinance the mortgage in their name only. Refinancing ensures that the departing spouse is no longer legally or financially liable for the loan.

This step usually occurs after the quitclaim deed has been executed. The lender will evaluate the refinancing spouse’s credit, income, and debt-to-income ratio to determine eligibility. If the remaining spouse doesn’t qualify on their own, other options, such as a co-signer, may be considered.

As a property division attorney in Maryland, we regularly work with clients to coordinate timing between executing the deed and securing financing for the home.

3. Court-Ordered Transfer

If the spouses can’t agree on who should retain the home, the judge may step in and decide as part of the final divorce order to transfer the home to one party. Pursuant to Md. Code, Family Law § 8-205, the court can transfer ownership of a jointly owned marital home from one spouse to another.

In cases involving court-ordered transfers, the judge may allow one spouse to buy out the other’s equity. The order itself may function as the legal mechanism for the transfer, but a new deed still needs to be recorded.

4. Selling the Home and Splitting the Proceeds

Sometimes, the most practical solution is to sell the home and divide the equity, also known as a sale in lieu of partition. This option enables both spouses to move forward with their financial lives and avoids complications associated with refinancing or mortgage liability. If this route is chosen, the property will be listed for sale, and the proceeds from the sale will be divided according to the terms of the divorce agreement or court order after any remaining liens on the property are satisfied.

This is often the recommended path when neither spouse can afford the mortgage alone or when the equity is significant enough to help each person start fresh.

Potential Challenges in Removing a Spouse from the Deed

Removing a spouse from a property deed may seem straightforward on paper, but complications can arise. Here are some of the most common issues we see:

• One spouse refuses to sign the quitclaim deed: A court order may be necessary in such cases.
• Mortgage lender refuses to remove a spouse: Lenders have no obligation to remove a borrower from a loan just because of a divorce. That’s why refinancing is critical.
• Negative equity in the home: If the home is worth less than what’s owed, selling or refinancing may not be viable without additional negotiations.
• Disputes over marital versus non-marital property claims: Legal representation can help you establish and protect your ownership interests.

As a Maryland family law firm, we assist our clients in evaluating these factors and developing a plan that safeguards their financial interests.

Why Legal Guidance Is Crucial

Property transfers in a divorce can have lasting legal and financial consequences. Attempting to handle them without the assistance of an experienced family law attorney could lead to costly mistakes, such as signing away property rights without releasing mortgage liability.

Our role as Maryland family law attorneys is not only to guide you through the procedural steps but also to ensure your long-term interests are protected. That includes:

• Drafting or reviewing the quitclaim deed
• Negotiating equitable property settlements
• Advising on mortgage implications
• Coordinating with real estate agents and lenders
• Representing you in court, if necessary

Tax Implications of Property Transfers

It’s also worth considering the tax implications of transferring property during divorce. The IRS generally allows for the tax-free transfer of property between spouses or former spouses if the transfer occurs as part of a divorce settlement (26 U.S. Code § 1041). However, capital gains taxes could become an issue if the home is later sold and the gain exceeds the primary residence exclusion limit.

Always consult with a tax advisor or certified public accountant (CPA) in conjunction with your legal team to ensure you understand how your decisions may impact your tax situation.

Frequently Asked Questions: Removing a Spouse from a Deed in Maryland

Can I remove my spouse from the deed without their consent?

No, you cannot remove your spouse from the deed without their consent unless the court orders it. A quitclaim deed or other legal transfer document must be voluntarily signed by the spouse giving up their interest in the property. If your spouse refuses, you may need to pursue a court-ordered transfer as part of your divorce proceedings.

What happens if both spouses are on the mortgage but only one stays in the home?

Even if one spouse moves out, both remain financially responsible for the mortgage unless the loan is refinanced or assumed by the remaining spouse. The lender does not recognize divorce decrees and will continue to hold both parties accountable unless further action is taken to remove one spouse.

How long does it take to transfer property after a divorce in Maryland?

The timeline can vary. If both parties cooperate and all necessary paperwork is in order, recording a quitclaim deed can be completed in just a few days. However, delays in finalizing the divorce, securing refinancing, or ownership disputes can extend the process.

Is it better to sell the home instead of removing a spouse from the deed?

In many cases, selling the property and dividing the equity is the simplest solution, especially when neither spouse can afford the home on their own. This option also helps avoid future disputes and financial entanglements. A Maryland family law attorney can help you evaluate the best path based on your finances and long-term goals.

Do I need an attorney to remove my spouse from the deed?

Yes, it is strongly advised to work with a Maryland family law attorney. Property transfers during divorce involve complex legal, financial, and tax implications that a qualified legal professional should carefully review to help you avoid costly mistakes.

A Strategic Approach to Deed Transfers in Divorce

At Brodsky Renehan Pearlstein & Bouquet, we know that no two divorces are alike. The question of who keeps the house—and how to legally remove a spouse from the deed—can be emotional and complex. With decades of experience representing clients in family law and property division matters, we help ensure your rights are protected every step of the way.

If you’re preparing for divorce and concerned about the marital home, don’t wait. Speak with a trusted Maryland divorce attorney from our team to develop a clear, strategic plan for your future. We’ll help you understand your options, protect your interests, and move forward with confidence.