Definition of "Voluntary alienation"

Cory Ehlert real estate agent

Written by

Cory Ehlertelite badge icon

Keller Williams

The definition of voluntary alienation in real estate is the transfer of the residency rights or deed of a property between two parties without the use of extraneous legal measures. Unlike involuntary alienation, when voluntary alienation occurs, it usually does so peacefully, without contention between the interested parties; hence the distinction between the two. 

 

Due to the wide breadth of this term, many actions in real estate can carry this moniker. A home sale, a relocation upon the termination of a rent contract, and gifting of property to a friend or relative all can be defined as voluntary alienation. To better understand the term, let’s look at an example of voluntary alienation in real estate. 

 

Example of Voluntary Alienation in Real Estate 

 

Axel is a middle-aged family man working in middle management at an insurance firm. In the sixteen years since he married his high school sweetheart, Axel has had two kids, worked his way up several rungs of the corporate ladder and now owns a respectable bungalow in a nice, quiet suburb. 

 

However all is not well here; over the years, the emotional distance between Axel and his wife has grown, and they have become less and less functional as both parents and partners. One night, their relationship reaches its tipping point. While laying in bed watching TV, Axel and his wife turn to one another, and simultaneously blurt out: “I want a divorce”. 

 

In order to spare their children the turmoil that accompanies a rough and messy divorce, the pair agree on a no-contest parting arrangement. Axel will take 50 percent of their assets and move to a smaller, more affordable dwelling place in the city, and his wife and the children will remain at the house in which they currently reside. 


As the deed is in Axel’s name, he will need to voluntarily alienate himself from the property, transferring ownership of it to his wife and putting the deed in her name.

image of a real estate dictionary page

Have a question or comment?

We're here to help.

*** Your email address will remain confidential.
 

 

Popular Real Estate Terms

"Gross Leasable Area" or GLA is more than just jargon. Understanding property value and potential income is super important, especially in commercial real estate. What does Gross Leasable ...

Lender's written assurance that the borrower has fully paid the obligation. The borrower may then show this instrument to interested parties. ...

Loan guaranty program included in the Servicemen's Readjustment Act of 1944. Its provisions cover the compensation to lenders for losses they might sustain in providing financing to ...

Provision in a loan agreement where a debtor authorizes a judgment against him in the event of a default. These agreements are widely restricted, but when they are lawful, the creditor is ...

Unintentional error. An example is a house that the seller wants $1,000,000 for but it is mistyped as $100,000. An error may be unilateral or mutual. Some types of errors are the basis to ...

Entrance or path to a land parcel. Passageway existing from property. An egress may lead to a roadway or some other form of exit. ...

The term mortgage amortization is the steady switch occurring to each mortgage payment between how much interest is covered and how much principal each month. Simply put, mortgage ...

A real estate broker who lists and sells houses or condominiums, as distinguished from a commercial broker who handles business property. ...

Property that is zoned for industrial use, including manufacturing, research and development purposes, factory office and warehouse space, and industrial parks. ...

Popular Real Estate Questions