Still on the Title After Divorce?

In the midst of divorce, there are so many decisions to make—often under pressure and emotion. Understandably, real estate can feel like just one more item on the checklist. But if you’ve finalized your divorce and are still on the title of the marital home, it’s important to understand what that truly means for your financial future.

This isn’t about fear—it’s about being informed. As a Certified Divorce Real Estate Expert® (CDRE®) who’s worked with divorcing homeowners across Colorado for 25 years, I’ve seen how remaining on title after divorce can lead to serious, unintended consequences for both parties.

You May Not Live There, But You’re Still Legally Tied to the Property

When your name remains on the title, you are still legally considered an owner—even if you haven’t set foot inside the home in months (or years). This means you could be held responsible in disputes over the property, whether it’s a tax issue, code violation, or something unexpected like a lawsuit stemming from an incident on the premises.

I’ve worked with clients who assumed they were “off the hook” simply because the home was awarded to their ex. Unfortunately, if the title wasn’t updated to reflect that change, their name—and liability—remained.

Missed Payments Can Hit Your Credit

If you’re on the mortgage and your ex-spouse misses a payment, that missed payment appears on your credit too. Even if your divorce agreement says they’ll take care of it, lenders and credit bureaus don’t look at the divorce decree—they look at whose name is on the loan.

This can damage your ability to qualify for new financing in the future. I’ve seen clients try to purchase a new home or refinance, only to be denied because of late payments on a property they no longer live in.

Refinancing May Not Be as Simple “Later On”

In some cases, divorcing couples agree to leave things as-is “for now” and plan to refinance or sell the home in a year or two. That can work—but market conditions can change quickly.

When interest rates rise or home values drop, refinancing might no longer be possible—or financially feasible. I’ve had cases where one party planned to refinance and buy the other out, only to find out later they no longer qualify, or the home no longer appraises high enough to make the numbers work.

What Can You Do?

While I’m not an attorney and don’t give legal advice, my role as a CDRE® is to help divorcing homeowners understand the real estate side of things clearly and neutrally. I often work as a court-appointed neutral expert, helping both parties assess their options and avoid unnecessary risk.

If you’re still on title after your divorce, it’s worth taking a step back and reviewing where things stand. Do you know if your name is still on the deed or mortgage? Do you understand what that means for your credit, liability, and long-term goals?

And if you’re in the early stages of a divorce and working through property decisions now—this is the time to get clarity on how ownership, mortgage responsibility, and timelines will be handled moving forward.

Final Thought
Divorce is already hard. Don’t let unresolved real estate matters create new challenges down the road. Being proactive and fully informed about your status on the home’s title can save both parties from major stress later.

If you have questions about how this works in Colorado or need a neutral third-party to assist in the process, I’m here to help.