Real Estate Titles After A Divorce

By Jonathan Dever

I am often approached by individuals about clearing title to their home after they have gone through a divorce. The most frequent question that arises: how to force the other party to transfer title to the real estate.

In a divorce, especially one that is contested, one party is awarded title to the family home. The loosing party is required to transfer their dower interest in the property to the winning spouse by court order. Sometimes, the parties agree, but the bottom line is that the transfer has yet to occur.

In many cases, the "loosing" spouse, either enraged by the loss, or out of anger, refuses to transfer title. So how do you get the other party to sign the deed after the case is over?

Unfortunately, there is no easy answer once the case has terminated, especially if the lawyer did not plan for this problem.

The solution during the process, however, is quite simple. Put the grantor grantee language in the divorce decree/entry. If the other party refuses to sign the quit claim deed after the divorce is finalized for whatever reason, you can always file the decree in the place of a deed!

Because the entry has the grantor/grantee language in the document, the registrar/recorder's office will accept the document as though it were the quit claim deed. Problem solved.

If the divorce has been finalized without this provision, your only answer may be a trip back to court. This time, however, you are in the driver's seat. Ask your lawyer to file a contempt motion and demand attorney's fees. If the non-performing spouse if found to be in contempt of the court order, not only do they have to comply, pay your attorney's fees, but the Judge can put them in jail until they comply with the order.

Jonathan Dever is an attorney whose practice focus is real estate, finance, debt mitigation, business counsel, asset protection and estate planning. He is a frequent lecturer and has been named a Super Lawyer by Law and Politics for the last three years. He also publishes web sites and advises small businesses on best practices, strategic management, IT and Human Resource integration.

Jonathan Dever, Esq. http://www.realestatelegalwizard.com

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