[WSBARP] description of marital status on deed

[Bickel, Dwight]

A Decree of Separation may be relied upon to avoid any question of the
community interest of the former spouse.  There is no title company
requirement for the deed to state any marital relationship.   Marriage is
not an estate or interest in land.  Title companies and lenders usually
ask for marital status to answer the question regarding potential spousal
rights.   

 

Therefore, I recommend she take title as “Jane Doe, as her separate
estate.”   If that lender, or an uninformed title or escrow person
requires [it happens], then “Jane Doe, as her separate property pursuant
to Decree of Separation in ____ County No. _________.”  When she later
sells or refinances, no matter what this deed says, the next title search
will have to verify there are no spousal rights from the date of
acquisition to the present based upon that Decree of Separation and will
have to determine if later rights were given by a subsequent Decree.  

 

Dwight A. Bickel

Regional Counsel

Fidelity National Title Group

Phone: (206) 370-3189

E-mail:  <mailto:Dwight.Bickel at fntg.com> Dwight.Bickel at fntg.com

 

 

 

 

Josh Grant
Sent: Friday, January 24, 2014 2:21 PM



She has been granted a decree of separation (so she still gets medical
coverage from "ex's" military insurance) and she calls herself single.
she doesn't want the "ex's name" on the deed at all.  should she be
described as "married and permanently separated and dealing in her sole
and separate property" or as "a single person".

 

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