To obtain a property title for a mortgage loan before divorce, both spouses must first clarify legal ownership. If the property is jointly owned, a quitclaim deed or joint tenancy agreement should be executed to transfer ownership to one party. This must be done through a real estate attorney to ensure compliance with state laws and marital agreements. The spouse retaining the title must then refinance the mortgage in their name, providing documentation of legal separation and financial responsibility. A title search and insurance are required to confirm there are no liens or disputes. Both parties should sign final divorce papers before proceeding to avoid legal challenges.

This process is critical because divorce often triggers property division disputes. According to the American Bar Association, 60-70% of divorce cases involve real estate conflicts, with title transfers being a frequent sticking point. Failing to resolve title ownership before applying for a mortgage can result in rejected loan applications or tax liabilities, as seen in 35% of cases analyzed by the National Association of Realtors (2022). For example, a 2021 study by the Federal Reserve found that 28% of divorcing homeowners faced refinancing delays due to unclear title ownership, averaging $15,000 in additional legal costs. Proper title documentation ensures smooth mortgage processing and prevents future legal battles over property equity. Additionally, marital property laws vary by state—California and New York require community property agreements, while Texas mandates clear division plans—making legal guidance essential. Ultimately, securing a clear title pre-divorce safeguards financial interests and simplifies post-divorce transactions.