Legal Question in Real Estate Law in Alabama

I bought a house when I was single in 2003 and the title was solely in my name. I married some time later and during the marriage re-financed the house. During that process the title was placed in both my and my spouse's name. In the divorce decree I was named the sole owner of the house. However, the title was never legally changed and therefore both names are still present on the title. I am currently preparing the house to be put on the market. Since the divorce I have been the one living in the house, paying all the bills, and performing all maintenance issues. Do I need to change the title into my name only? How would I do that? If I sell the house as is what obligations exist with both names on the title?


Asked on 6/05/12, 12:59 pm

1 Answer from Attorneys
James Coleman Murchison & Howard, LLC

The divorce decree should have stated that your spouse must execute all documents to transfer ownership of the house to you. If your spouse has failed or refused to do this, you can petition the court for an order to the clerk of court such that the clerk of court can execute these documents. At this point you and your ex spouse are tenants in common in the house. The divorce would extinguish the survivorship provisions of the deed but would leave the two of you as co-tenants. You should tend to this detail immediately. A lawyer can assist you

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Answered on 6/05/12, 4:30 pm


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