Tips for Transferring Home Ownership After Divorce

It is imperative that you properly execute documents to reflect the transfer of legal title in a residence, or other real property.  Failure to do so is often felt at the least opportune times.  For example, when the title to a piece of property is not “clear”, the issue commonly arises when a person is about to successfully sell their property.  In order to avoid this, we recommend an attorney review the title records, or a title company runs a formal title search.

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Top three (3) Tips:

1. While going through the divorce process, be sure to have a Special Warranty Deed, and if a mortgage exists, a Deed of Trust to Secure Assumption executed.  These documents should be filed in the proper county for the real property.
2. Be sure to investigate any liens, encumbrances, and mortgages associated with the property.
3. Work with a qualified attorney or title company well before the date of closing a future transaction.

For more information please call us today for a free initial consultation with the best divorce lawyer in Austin.

Chris M. Kirker

Christopher M. Kirker is a Partner and Trial Attorney at Kirker Davis for complex family law litigation, primarily high-net-worth Texas divorce, custody, division of property, business ownership litigation, and trial consulting.

Education: Baylor University School of Law, cum laude, J.D. (2010)
Years of Experience: +13 years
Justia Profile: Christopher M. Kirker