[WSBAPT] Divorce, property settlement and estate planning

[Paul Neumiller]

Call your local friendly title company and ask to speak with the senior title officer to confirm this.  It is my understanding that having the residence awarded to the husband in a filed divorce decree is all you need to transfer title.  There is no need for a separate conveyance document.  You are done and that is why the husband was able to refinance the residence without having to “clear the title.”  The title was already clear.  

 

 

 

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of amanda_wilson at olypenlawoffices.com
Sent: Monday, March 16, 2015 10:32 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Divorce, property settlement and estate planning

 

Please respond to the list. Great question. Thanks.

 

Amanda

 

-----Original Message-----
From: "Claudia A Gowan" <claudia at cagowanlaw.com <mailto:claudia at cagowanlaw.com> >
Sent: Monday, March 16, 2015 12:59pm
To: "wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> " <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> >
Subject: [WSBAPT] Divorce, property settlement and estate planning

 

Colleagues, I am looking for guidance on how to handle a title question.

 

New client coming in for estate planning.

 

Last deed recorded on his residence with the County was his deed gifting then wife a CP interest in the home.

 

Was divorced within last few years. Home was awarded to him under property settlement. However, no deed was issued through property settlement proceedings.

 

He refinanced the property after the divorce, but as far as I can tell, the lender did nothing to clear the records.

 

Any thoughts on how to handle this?

 

Many thanks, Claudia

 

Claudia A. Gowan

 

Claudia A. Gowan, PLLC

Market Place One, Suite 330

2003 Western Avenue

Seattle, WA 98121

(206) 443-2733 (T)

(206) 448-2252 (F)

 <mailto:claudia at cagowanlaw.com> claudia at cagowanlaw.com

 

 <http://www.seattletrustsandestates.com/> www.seattletrustsandestates.com

 

 

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