[WSBARP] Divorce and Separate Property

[Dwight Bickel]

We have the confidence from In re Borghi that property character does not change simply due to the marriage. If you have clear separate character established by her acquisition before marriage, then you have a basis to seek the title company to waive the requirement for a deed or revised court order. Though we know that a Court can award separate property to the other party, and we know that community property that is not distributed becomes tenancy in common, we also know that separate property that is not distributed to the other party, or otherwise affected by a divorce decree, would not change the separate property vesting.

Dwight A. Bickel
Washington Title Professional
dwightbickel at hotmail.com
www.linkedin.com/in/dwightbickel
http:/www.titleadvisor.com
206-484-1976


________________________________
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> on behalf of nestor at pplsweb.com <nestor at pplsweb.com>
Sent: Tuesday, May 5, 2020 2:11 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Divorce and Separate Property


Wife owned property as separate estate. H&W subsequently get divorced. The Final decree state that there was “No property” (wrong box checked). Title Company wants quitclaim from husband. Husband no where to be found.



What is best course? Seeking a modification of the final decree? Quiet title against former husband? Service of process will be next to impossible, so service by publication will have to be route. Any other simpler solutions?





Nestor Gorfinkel, Attorney at Law

Licensed in Washington & Florida

Florida Civil-Law (International) Notary



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