The Divorce Decree Isn’t Enough — You Still Need to Change the Deed
This one comes up all the time in my work as a Certified Divorce Lending Professional (CDLP®): Someone is awarded the house in their divorce. They move forward thinking it’s theirs—and then months or even years later, they go to refinance or sell… and we hit a wall. Their ex is still legally on the deed.
Yep. The divorce decree may say who gets the house, but unless someone actually files a new deed with the county, the title doesn't change. The ex is still a legal owner, even if they moved out long ago and haven’t paid a dime since.
The Divorce Lending Association did a great job breaking this down in a recent blog. And it’s worth repeating: a divorce decree on its own is not enough to change who owns a house. You still need to update the deed—usually with a Quit Claim Deed or something similar—and file it properly.
Here’s why it matters:
I’ve had clients who were shocked to find out their ex was still legally tied to their home. Some had already done repairs, made big payments, or assumed they could sell or refinance whenever they wanted. But if the deed isn’t fixed, they can’t do much without involving their ex again—which can stir up stress they thought was behind them.
That’s where I come in.
My job as a CDLP® is to help make sure these kinds of details don’t fall through the cracks. When I’m brought in early—before the divorce is finalized—I can help the whole team (attorney, mediator, realtor, financial planner) look ahead and plan smart. We talk through things like:
Who’s keeping the house?
Can they afford it?
Will they need to refinance?
How do we protect both sides from future surprises?
Theresa’s Take:
If someone’s keeping the home, we’ve got to do more than just say so in the decree. We need a clear plan to update the deed and, if needed, refinance the loan. It’s all connected—and it’s so much easier (and less expensive) to do it right the first time.
If you’re a divorce professional, let’s team up. I’m here to help you protect your clients’ financial future, avoid last-minute chaos, and make sure no one gets stuck in a situation they didn’t see coming.
If you’re feeling stuck, let’s talk. You might have more options than you think.