[WSBARP] Title Insurance post-divorce Decree

[John McCrady]

I would definitely consider the Husband to be an insured by operation of
law.

But definitely verify with your specific Insurer.

 

John McCrady

Counsel

Puget Sound Title Company

5350 Orchard Street West

University Place WA 98466

253-476-5721

 

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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As with all lists - let the reader beware! No warranties or
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All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

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