Deed of Trust after divorce

Asked over 4 years ago - Yreka, CA

My husband and I purchased a home for son and wife. We put them on the Deed of Trust in 2001, in 2006 they were divorced. I realize we each (should we sell) gain a 1/4 ownership. If the title still reads John and Jane Doe husband and wife and Bob and Betty Doe husband and wife jnt tennants, do we redo the title to read Bob and Betty Doe, individuals, not married or does "Betty" not have any future rights since the divorce was final?? HELP

Attorney answers (2)

  1. Steven Alan Fink

    Contributor Level 20

    Answered . Was the property interest awarded to Bob or Betty in the divorce? If it was not divided, they should do so now. Otherwise, title remains as is and they each get their 1/4 share.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

  2. Alan Roel Rothstein

    Contributor Level 13

    Answered . If son and wife's interest was not decided as part of their divorce judgment, they need to go back to court, pursuant to Family Code section 2556, to decide how the joint asset should be distributed between them.

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