[WSBAPT] Divorce, property settlement and estate planning

[Dan Findley]

If the ex-wife cannot be located, or refuses to sign a deed, you could record an affidavit or deed together with a certified copy of the domestic relations court order that provides for the property award.  But, check with the title company to confirm this will be effective to cause it to insure title in for a subsequent transfer solely rom the client.

________________________________________________________________
Daniel G. Findley | vCard <http://www.mms-seattle.com/wp-content/uploads/2014/04/Daniel-G.-Findley.vcf>
Attorney
 
Mills Meyers Swartling P.S.
1000 Second Avenue, 30th Floor | Seattle, WA  98104
Direct: 206.812.7468 | Reception: 206.382.1000
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> On Mar 16, 2015, at 10:10 AM, Mark Higgins <markthiggins at gmail.com> wrote:
> 
> Check with the title insurance company involved with the refinance.  The lender would have received title insurance, and therefore the title company must have insured title around the wife issue.  Ask them what they did to solve the wife-on-the-record problem.​
> 
> On Mon, Mar 16, 2015 at 9:59 AM, Claudia A Gowan <claudia at cagowanlaw.com <mailto:claudia at cagowanlaw.com>> wrote:
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> Colleagues, I am looking for guidance on how to handle a title question.
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> New client coming in for estate planning.
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> Last deed recorded on his residence with the County was his deed gifting then wife a CP interest in the home.
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> Was divorced within last few years. Home was awarded to him under property settlement. However, no deed was issued through property settlement proceedings.
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> He refinanced the property after the divorce, but as far as I can tell, the lender did nothing to clear the records.
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> Any thoughts on how to handle this?
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> Many thanks, Claudia
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> Claudia A. Gowan
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> Claudia A. Gowan, PLLC
> 
> Market Place One, Suite 330
> 
> 2003 Western Avenue
> 
> Seattle, WA 98121
> 
> (206) 443-2733 <tel:%28206%29%20443-2733> (T)
> 
> (206) 448-2252 <tel:%28206%29%20448-2252> (F)
> 
> claudia at cagowanlaw.com <mailto:claudia at cagowanlaw.com>
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> 
> www.seattletrustsandestates.com <http://www.seattletrustsandestates.com/>
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> 
> -- 
> Mark T. Higgins
> Mark T. Higgins, P.C.
> P.O. Box 57
> Darrington, WA 98241
> 206-491-2420
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