Community Property State

In a real sale transaction – if spouse is also in title (or lived at property), they would required to sign the Warranty Deed. If spouse did not want any proceeds from sale, spouse would sign an in-house “proceeds form” directing the title company as to how proceeds are to be split. If spouse is not in title & never lived at the property, spouse could sign a “Non-Homestead Affidavit” & proceeds form.

In a non-real estate transaction and spouse simply wants to be taken off title – they would need to contact a real estate attorney, as the attorney would need to review the situation and advise them as to what can be done (property with a mortgage may be handled differently than property without a mortgage).

In a divorce situation - the divorce decree should hash out everything properly (the divorce decree will divest the individual not getting the property of any right, title, etc in the property). Most of the time, an attorney will have that individual deed out, but also sometimes a deed is not done & a certified copy of the decree will be filed in the real property records at the time of a sale.

If you have any specific questions you should contact a real estate attorney for advice.