Legal Question in Real Estate Law in Michigan

If your husband and his ex-wife owned the house at the time of their divorce, then the intended ownership of that property should have been spelled out in the divorce decree. If the divorce decree spells out that the ex-wife was removed from the title, then she doesn't have to sign a quit claim deed. She no longer has title. Generally, there is a section in the divorce decree that will state:

husband to have full title to the property located at _________, and which mortgage on property, he agrees to pay.....etc. You need to read the final divorce decree that was signed by the judge. If/when you sell the property, you may be required to produce that section of the divorce decree to the title insurance company to prove she does not have any interest in the property.

If the divorce decree is not clear as to who has title to the property, your husband can sue to "quiet title" to the property to remove any interest that she may have. He must be able to prove why/how she lost her interest in the title. ie, divorce, settlement agreement, pay off.

If the house was not dealt with in the divorce decree, or the decree left the property in both names as either joint tenants or tenants in common, then she still has an interest in the property. Your husband can sue her for "partition", and the court may order them to sell the property and divide the money, unless the parties can arrive at some other equitable division of the property. This is generally done by mediation and not likely to go to any sort of trial, unless there is a huge amount of money at stake.

Once it is determined that your husband, alone has title, then he may sign a quit claim deed putting the property in both his and your name, as tenants by the entireties (meaning you are married). Be sure to note on the quit claim deed that it is exempt from transfer tax, and is not a transfer of title, so you don't have problems with your homestead property tax uncapping.