Tips for Transferring Home Ownership After Divorce

Posted on November 13, 2019 by Chris Kirker

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.

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.

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