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Transferring Home Ownership After A Divorce

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As with other properties, you must execute documents in a way that reflects the transfer of the legal title of the marital home. Failure to do so on your part can lead to a huge inconvenience, especially during times when you might be looking to sell a property. To avoid such mistakes, it is highly recommended that a lawyer review the title records or a title company perform a detailed and formal title search. For further security of your ownership to a property, it is recommended that:

  • During the divorce process, make sure that you have a Specialty Warranty Deed. If there is a mortgage to a property, you will need to execute a Deed of Trust to Secure Assumption. File these documents in the correct county for the real property.
  • Research and investigate any existing liens, encumbrances, or mortgage on the property,
  • And before the date of closing or finalization of a future transaction, consult a lawyer or a title company.

What Is a Temporary Order?

It is indeed a very challenging time, divorce or a child custody case. A common component of either case is a temporary order. Temporary orders do not only pertain to restraining or protective orders. In a family law case, temporary orders are a means to decide the areas of contention or disagreement during the length of the trial. Also, the courts could implement a temporary order to preserve the marital property during the divorce process, making sure that either party’s interests and rights over the community property are being protected.

During the duration of the trial, the courts could also implement a temporary order concerning child support payments, spousal support obligations, valid attorney’s fees, and possession or ownership of the house or control over a business establishment or venture. Regarding child custody, the court has the right or jurisdiction to restrict the location of a child (conservatorship) within certain geographical points or areas. Temporary orders are an effective means to ensure that the case is stabilized or grounded until the terms of the divorce are finalized for the mutual benefit of everyone involved. It also gives parents fair access to their children.

It is important that you understand the necessary steps to transfer the ownership of the marital home during divorce. During this process, it is helpful to have the help of professionals to guide you through the process. We are here to help take away as much stress as possible during your divorce. Schedule your consultation today so we can get started.

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Here's what our clients have to say about working with us. Please note, results may vary based on individual circumstances.

Melinda Previtera, Esq. came highly recommended to our family. Her knowledge base, professionalism, and compassion paved the way for a successful outcome. Melinda is efficient, detailed, and informative. She helps manage expectations, and postures her client for a fair and equitable result. We are happy to recommend Melinda!

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My experience was very good. Everyone was professional and attentive to my needs, keeping me updated every step of the way. I couldn’t ask for a better result, highly recommended.

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My marriage life has been a hell for me for the past four years until I decided to put an end to what has to be ended. Choosing a lawyer was another additional stressful part of the long process. I’m so glad that I’ve found the right one for me at Petrelli Previtera. Life isn’t always fair, but at least having her in my corner, felt even better. I couldn’t recommend her highly enough!

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