[WSBAPT] Property chain of title for TODD
Andrekita Silva
ak at seattle-silvalaw.com
Mon Oct 28 23:16:49 PDT 2019
Sara
,
I agree with Michael that you would need a quitclaim deed although I’m
not sure if a court order saying the property is awarded to your
client would be enough.
I have never been in the situation were a client is wanting to do a
TODD without already having a quitclaim deed to the house in their
sole name. In my cases, I’ve had clients who have wanted to sell their
property or they’ve wanted to refinance their property a couple years
after the divorce. The awards of the real property to my clients were
crystal clear in the divorce decree. However, in my cases, the
selected lenders or the selected real estate agents refused to proceed
without both parties signing off on all docs (my client + the EX)
unless there was a quitclaim deed relinquishing all interest to my
clients.
In each case where the ex spouse has refused to cooperate and execute
the quitclaim deed, we’ve had to approach the court and ask for the
appointment of special master to execute the quitclaim deed. It is a
fairly straightforward motion (in King County) which I filed in ex
parte but gave required notice to the other side.
I assume it is a lot easier to find people these days than it was in
the 1980’s. Some clients are reluctant to approach an EX after so many
years because the EX might start asserting a claim that’s not there.
If you make vigorous efforts to find the ex spouse to get them to sign
off on a quitclaim deed but to no avail, that is evidence you can
provide to the court along with any other evidence to support your
position that the house was granted solely to your client without any
other obligation (like to pay off an equalizing judgment to the other,
to pay off other certain debt etc.).
Anyway, I’d be curious to see what steps you end up taking to secure a
quitclaim deed in your client’s sole name. Please keep us posted.
andrekita
Law Office of F. Andrekita Silva
1325 Fourth Avenue, Suite 2000
Seattle, Washington 98101
206-224-8288
www.seattle-silvalaw.com
Quoting "Sara D. Longley" <sara at longley-law.pro>:
> Thank you, Mike and the offline response I received. I am crossing
> my fingers the 1981 divorce decree contains the necessary
> information! [1]
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> Sincerely,
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> Sara Longley
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> Sara D. Longley, J.D., LL.M.
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> LONGLEY LAW PLLC
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> 1734 NW Market Street
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> Seattle, WA 98107
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> (206) 434-5644[2]
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> Sara at Longley-law.pro[3]
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> www.longley-law.pro[4]
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> ATTENTION CLIENTS: I am in the process of merging my law firm
> into Ivy Law Group, PLLC. Over the next few months my web site will
> redirect to www.ivylawgroup.com[5] and I will begin emailing from
> Sara at ivylawgroup.com. My existing email address and telephone
> number will continue to function and my physical office location
> will not change. I look forward to serving you in the coming years.
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> This email is intended only for the individual to whom it is
> addressed and may contain information that is privileged,
> confidential, and/or exempt from disclosure. If you have received
> this message in error, please inform the sender by telephone or
> reply email and delete this message and all attachments. Thank you.
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> FROM: wsbapt-bounces at lists.wsbarppt.com
> [mailto:wsbapt-bounces at lists.wsbarppt.com] ON BEHALF OF Mike Winslow
> SENT: Monday, October 28, 2019 4:02 PM
> TO: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
> SUBJECT: Re: [WSBAPT] Property chain of title for TODD
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> A deed from the ex or a court order that clearly vests title in
> the client would be necessary. The Order would need to contain full
> legal description and clear language establishing the client as sole
> owner of the property. Many decrees of dissolution lack the clarity
> and legal description to actually vest title, so careful examination
> of the Decree would be appropriate.
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> Michael A. Winslow
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> 1204 Cleveland Ave.
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> Mount Vernon, WA 98273
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> Ph. 360-336-3321
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> Em. Mike at winslegal.com
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> This message is from an attorney, so it’s confidential. If you
> are not the intended recipient, it’s too late to stop reading this
> message, but you may not use it for any improper purpose. Huge
> Disclaimer available upon request.
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> FROM: wsbapt-bounces at lists.wsbarppt.com
> [mailto:wsbapt-bounces at lists.wsbarppt.com] ON BEHALF OF Sara D.
> Longley
> SENT: Monday, October 28, 2019 3:40 PM
> TO: 'WSBA Probate & Trust Listserv'
> SUBJECT: [WSBAPT] Property chain of title for TODD
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> Hello listmates,
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> I have a client wishing to do transfer on death deeds for her
> property. However, the property in question was never formally
> transferred into her name after her divorce. I don’t want to simply
> record the TODD without first recording an appropriate document
> showing that she is now the sole owner.
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> So, my question: do I need to track down my client’s ex (of many
> years, by the way, not sure how easy it would be to locate him, let
> alone get his cooperation) and get him to sign a quitclaim deed?
> Alternatively, can I record the divorce decree assigning her the
> real estate? (Am I overthinking this?) I greatly appreciate any
> tips you can give me.
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> Best,
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> Sara Longley
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> Sara D. Longley, J.D., LL.M.
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> LONGLEY LAW PLLC
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> 1734 NW Market Street
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> Seattle, WA 98107
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> (206) 434-5644[2]
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> Sara at Longley-law.pro[3]
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> www.longley-law.pro[4]
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> ATTENTION CLIENTS: I am in the process of merging my law firm
> into Ivy Law Group, PLLC. Over the next few months my web site will
> redirect to www.ivylawgroup.com[5] and I will begin emailing from
> Sara at ivylawgroup.com. My existing email address and telephone
> number will continue to function and my physical office location
> will not change. I look forward to serving you in the coming years.
>
>
>
>
>
>
>
>
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> This email is intended only for the individual to whom it is
> addressed and may contain information that is privileged,
> confidential, and/or exempt from disclosure. If you have received
> this message in error, please inform the sender by telephone or
> reply email and delete this message and all attachments. Thank you.
>
>
>
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>
Links:
------
[1]
[2] tel:%28206%29%20434-5644
[3] mailto:Sara at longley-law.pro
[4] http://www.longley-law.pro/
[5] http://www.ivylawgroup.com
andrekita
Law Office of F. Andrekita Silva
1325 Fourth Avenue, Suite 2000
Seattle, Washington 98101
206-224-8288
www.seattle-silvalaw.com
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