How can I transfer my property to my father before separating from my wife?

Full question:

I want to seperate from my wife of 3 years but before I do that I want to transfer the property I owned before we were married to my parent. I refinanced the mortgage on the house while married and had to include her in the process. What steps should I take to get the property in my fathers name?

• Category: Real Property
• Subcategory: Deeds
• Date: 04/07/2025
• State: Illinois

Answer:

The process of transferring property depends on whether your wife is on the deed. If she is a joint tenant, you'll need her consent. Before making any transfer, check with your lender, as transferring the property may trigger a due-on-sale clause, requiring full payment of the mortgage.

To transfer property, you'll need to use a deed, which is a legal document that transfers ownership. The deed must include a description of the property, the names of the grantor (you) and grantee (your father), and it must be signed and notarized by you. The deed must also be recorded in the county where the property is located to be effective.

If you want to remove your wife from the deed, she must agree and sign the deed as well. A quitclaim deed is often used in these situations, especially during divorce or separation. There are two main types of deeds: a warranty deed, which guarantees that you own the title, and a quitclaim deed, which transfers only the interest you have in the property without warranties.

Joint tenancy means that both owners have equal rights to the property, and upon the death of one owner, the other automatically inherits the property. If you want to transfer your interest in a joint tenancy, you may need to sever the joint tenancy, turning it into a tenancy in common, which can complicate the transfer process.

Consider consulting a legal professional to ensure you follow the correct procedures and understand the implications of your actions.