Dividing Real Estate in DIvorce - Don't Forget the Quitclaim!

Dividing Real Estate in a divorce can quickly turn into a big mess, and it often does. I share this case story with you, so that you and/or your Family Law clients don't find yourself in this situation.  

In the final decree, Husband had been awarded the couple’s rental property.  A few years later, he decided to sell it. He listed it, got a buyer, and was 10 days from closing escrow when the Title Company found that the ex-wife’s name was still on title.

“No problem,” the man thought. He presented them with his divorce decree showing that he had been awarded the house and was thus the sole owner.

“Not good enough,” was the reply. “We need a Quitclaim Deed.” So he went on a quest to find her, since they'd had an acrimonious divorce and he hadn't spoken with her since. 

The man soon learned that his ex-wife’s friends and family had not heard from her in the past year, so he hired a private detective to find her. It took some time, but she was found.

When she became aware of her ex-husband's predicament, she wasn’t willing to sign without compensation. She demanded payment of $100,000 for her signature! 

Whether that is legal is a question for attorneys and courts to determine, but in the meantime, without the Quitclaim Deed, the house will remain unsold. The situation itself raises more questions. For instance, what if she had never been found?  Or what if she had been found to be deceased? This can get convoluted quickly.

Keep yourself or your Family Law clients safe – get those quitclaim deeds signed and recorded before the parties go on their way. And when in doubt about what to do, I’m here to help anytime.

Keep my number handy and give me a call, and remember if you are a Family Law Attorney you can order any title documents or fair market values for your cases at my website cdre.pro/bwoyak.