[WSBARP] Title Insurance post-divorce Decree

[Tom J. Westbrook]

Eric,

 

I don’t know the answer for sure, but believe a Decree is not a transfer
or conveyance – it is an award. Someone has to convey the property to
husband. Was the transfer SWD or QCD? But asking title company that issued
the policy for their opinion would be a good starting point. 

 

Sincerely,

 

Tom

 

Thomas J. Westbrook

Attorney at Law

 

Thomas J. Westbrook, PLLC

PO Box 1

Littlerock, WA 98556

 

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Skype: thomas.westbrook

 

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From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Tuesday, March 11, 2014 8:38 PM
To: WSBA Real Property listserve (wsbarp at lists.wsbarppt.com)
Subject: [WSBARP] Title Insurance post-divorce Decree

 

Hypothetical: Wife owns real property in her own name, acquired before the
divorce, so title insurance is in her name only. In the divorce, the Court
awards that real property to the Husband.

 

Is the Husband insured under the title insurance?

 

ALTA Owner's Policy (6-17-06) defines "Insured" as, among other things,
"successors to the Title of the Insured by operation of law as
distinguished from purchase, including heirs, devisees, survivors,
personal representatives, and next of kin..."

 

Put another way, is a Decree of Dissolution a transfer "by operation of
law" within the meaning of the ALTA definition of Insured?

 

Sincerely,

 

Eric C. Nelsen

SAYRE LAW OFFICES, PLLC

1320 University St

Seattle WA  98101-2837

phone 206-625-0092

fax 206-625-9040

 

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