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Real Estate is land ownership, and it is discussed in law as a unique asset which cannot be generally replaced with exactly the same goods. In divorce or paternity is is treated specially as any transfers of ownership of real estate are generally required to be in a written and signed document.
Real Estate TransfersIn the process of divorce one party may be awarded real estate that was jointly owned in the marriage.This transfer is usually done by a decree which also requires the other party to execute a Deed.A quit claim deed is the most often used deed type in this application but in some instances a warranty deed is needed.If the property is Registered Property (Torrens), a quit claim deed is necessary even if the court order says title is transferred unless the additional expense of an examiner’s certificate is undertaken.If the property is abstract property, it can be transferred by the certified copy of either the Judgment and Decree or the Summary Real Estate Disposition Judgment.
DeedsDeeds are the written legal documents used to transfer ownership of real estate from one owner to another.Because of several specific technical requirements relating to the validity of deeds, it is strongly recommended that you have an attorney draft and supervise the filing of such deed and divorce documents.A quit claim deed document granting whatever claim of ownership the signer has to the other person.A warranty deed is a deed is also a transfer of ownership interest but it includes a guaranty by the person transferring the property that they own good title to the property.
A Summary Real Estate Disposition JudgmentA SRDJ is used to avoid having all of the personal information in your Divorce Decree filed in the real estate title records to assure clean title to future buyers.The SRDJ is filed instead, containing only the provisions from the divorce which pertain to the real estate.
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