My ex and I still have one house in both our names which the judge agree yesterday to give to me. We foreclosed on another house a while back and the bank filed a summary judgment just against him. Will transferring this house to my name alone be an issue?
I intend to hired a title company to do the transfer but trying to see how bad or good it will be.
Aside from hiring a title company to do the transfer, I advise you to speak with an experienced attorney regarding the real estate and foreclosure issues at stake here.
Best of luck.
The foregoing discussion does not establish an attorney-client relationship, is qualified by the limited facts presented above, and should not be relied upon as legal advice. To obtain definitive legal advice upon which one can rely necessitates retaining an attorney who is qualified in this particular area of the law. Any comments are merely suggestions for you to think about in discussing your situation with your local attorney.
The divorce decree should be reviewed by a local real estate attorney to determine if any/all debts/obligations of your husband need be paid via the proceeds of the transfer, if for consideration, or from other residual amounts of the decree. As such the answer to your question is, it depends. If the judgment "attached" to the property via provisional remedy, it would have attached to his interest... if you held title as tenants by the entirety... and upon conveyance to yourself, presumably, the indebtedness would not affect your residual sole fee interest. As my college recommended, a local attorney need be consulted to review the divorce decree, the deed, the title report, and the judgment revealed in the title report...this way definitive guidance can be given as to how to proceed. Good luck to you.
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It may be; I see such transfers end up in huge problems all of the time (particularly if the property still has a mortgage on it). I agree with my colleagues; do not just use a tile insurance company (all they do is ell insurance), consult with a good local real estate attorney; he or she can coordinate with your divorce lawyer, and make sure are protected down the road.
Hope this helps.
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