What to do about transferring property deeds during a divorce?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do about transferring property deeds during a divorce?
My husband and I own 2 properties. One is in both our names and one he has not filed the deed for yet. We are supposed to transfer the houses to one another so we both get one. He won’t file my deed until after the uncontested divorce is over. Does this filing need to be done before the uncontested divorce because I don’t trust he will go through with it and will simply put it in his name alone.
Asked on November 29, 2011 under Family Law, New York
Answers:
Sharon Siegel / Siegel & Siegel, P.C.
Answered 12 years ago | Contributor
If you are represented by counsel, have the signed deed held in escrow by your lawyer. If you are pro se, I would have the decree reviewed by a lawyer to make sure that the it requires the property to be transferred. If you suspect that he will not go through with the "deal" that the two of you made, put it in the decree. This way, if he does not go through with it, you can sue him. By I would have your lawyer hold the deed in escrow.
e-mail: [email protected]
212-721-5300
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.