[WSBARP] Title Insurance post-divorce Decree

[Paul]

As a practical matter, I would ask the title insurance company for an
endorsement to the policy stating the husband is covered.


  _____  

From: Eric at sayrelawoffices.com
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Title Insurance post-divorce Decree
Date: Wed, 12 Mar 2014 03:38:18 +0000



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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Information provided on this list should not be considered legal advice.
As with all lists - let the reader beware! No warranties or
representations are made as to the accuracy of any information provided.
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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