[WSBAPT] Divorce & Property Transfers

[Jane Bitz]

Hi All:

I have never practiced in Domestic Relations law. I now have an estate planning client who was recently divorced and awarded real estate in the divorce decree, subject to an equitable lien for the other spouse's community property interest in the real property. When I research the properties on line, I see that the now divorced spouse is still on title for the properties. The divorce decree was granted in Stevens County and there are properties in both Stevens and Spokane counties that are still jointly in the names of the now divorced couple.

My questions are:
What is the best practice to put these properties into the client's name?
Does the spouse who was not awarded the properties in the property division also have to sign a Quit Claim Deed?
Is there any excise tax issue if there is an existing mortgage on any of the properties?

Thanks for your input.
Jane.

Jane G. Bitz
Of Counsel | Wolff, Hislop & Crockett, PLLC
Helping Good People do Great Things!
12209 E. Mission Ave., Suite 5
Spokane Valley, WA 99206
(509) 927-9700 (Phone)
(509) 777-1800 (Fax)
jbitz at whc-attorneys.com<mailto:jbitz at whc-attorneys.com> [Email]
www.whc-attorneys.com<http://www.wolffandhislop.com/>


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