Title Insurance Tuesday- Learn Here
Summit Title LDS
Summit Title LDS
Seems Like A Simple Question...
"The seller is in the process of a divorce, but it isn't final. The settlement agreement has been signed so can't one spouse just deed t other other?"
NO!
A spouse retains homestead rights until the judge drops the gave and grants the divorce. You cannot deed out homestead rights. Even thought both parties have agreed to the division of the marital property, it has no effect until the divorce is formally granted. It is not a matter of the property itself, but the marital rights to that property.
Stay tuned for another Title Tuesday- Learn More...
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