In situations where both spouses are on the mortgage, but only one is living in the home, a quit claim deed may be necessary:
1. **Obtain a Quit Claim Deed**: A quit claim deed is a legal document that transfers ownership of the property from one spouse to the other. The spouse living in the home will need to file the deed with the appropriate county office to assume full ownership.
2. **Determine Financial Responsibility**: Even after signing a quit claim deed, the spouse who no longer lives in the home may still be financially responsible for the mortgage payments. Refinancing may be necessary to remove them from the loan.
3. **Evaluate Selling Options**: Once the ownership is resolved, the spouse living in the home can choose the selling method that best fits their needs, whether it’s listing with an experienced real estate agent or selling to a relative.
In all cases, it’s essential to consult with attorneys, real estate professionals, and financial advisors to ensure a smooth and equitable resolution for both parties.