What the Divorce Decree Must Say
For a smooth title transfer, the divorce decree (or a separate settlement agreement incorporated into the decree) should specifically state:
- The manufactured home's full description: make, model, year, serial number
- Which spouse receives sole ownership
- That the other spouse agrees to sign any documents necessary to complete the title transfer
- How any outstanding liens on the home will be handled (assumed by one spouse, refinanced, or paid off)
A decree that simply says "wife gets the mobile home" without a serial number or lien instructions creates complications. If your decree lacks these details, an attorney can help file a qualified domestic relations order (QDRO) or supplemental judgment to clarify.
The Title Transfer Process After Divorce
- Obtain a certified copy of the divorce decree — Not a photocopy. The county clerk of the court where the divorce was finalized issues certified copies.
- Get the departing spouse's signature on the title — The easiest path is for both spouses to sign the title transfer application together. The decree gives the receiving spouse legal authority, but the title agency typically requires the departing spouse's signature on the actual transfer form. If the departing spouse is uncooperative, you may need a court order directing them to sign.
- Complete the standard title transfer application — Use your state's title transfer form (e.g., TDHCA Form MH001 in Texas, HCD Form 476.5 in California). The "seller" is the departing spouse; the "buyer" is the receiving spouse. Note the transaction as "divorce transfer" — most states waive or reduce the transfer fee for this.
- Handle any outstanding liens — If the home has a loan, the lender must be notified of the ownership change. The receiving spouse may need to refinance in their name alone, or the lender may allow a loan assumption. Lenders are not automatically bound by the divorce decree — get their agreement in writing.
- Submit to state title agency — File the transfer application, certified decree, and any lien documents. Pay applicable fees.
Frequently Asked Questions
The divorce decree gives you the legal right to the home, but the title agency needs the ex-spouse's signature on the transfer form. If they refuse, file a motion for contempt of court in the divorce court. A judge can order compliance and impose penalties for refusal. You can also ask the court to issue an order that acts as the signature for title purposes — some states allow this.
Many states waive or reduce transfer fees for transfers between divorcing spouses, treating them similarly to gifts between family members. In Texas, TDHCA charges the standard $55 fee regardless. In California, HCD typically waives the VLF equivalent fee for divorce transfers. Check with your state agency when filing.
This is a difficult situation. If you have a court decree awarding you the home, bring that decree and any evidence of attempts to contact your ex to the state title agency and ask about their process for court-ordered transfers without the other party's signature. Some states allow the court to sign on behalf of the non-cooperative party.
Related: After-Death Transfers · Gift to Family · Path Finder Tool