The Divorce Is Done. The Home May Not Be.

Imagine winning a small claims case. The court rules in your favor and awards you the money. Everyone assumes it is finished, yet months later you realize the administrative follow-through was never completed and you’re still waiting to be paid.

The same thing can happen with Real Estate after a divorce. The divorce decree may award the property to one person, and everyone assumes the matter is settled. Yet follow-through is still required. In golf or baseball, you do not stop the swing the moment you make contact. The follow-through is part of completing the motion. With Real Estate, that follow-through may include updating the Deed, Title, and County record so they reflect what the divorce decree actually states.

One client found out what happens when that follow-through does not occur. Several years after his divorce, he went to refinance his home and learned his ex-wife never signed to relinquish her interest and she was still listed as an owner on the Title. The property had been awarded to him through the divorce, so he assumed everything had been handled. The problem? He never followed through, and by the time he realized it, she had left the country.

Another client also waited many years to complete the follow-through on the property awarded to her through the divorce. When she was getting ready to list and sell the property, she found out that her ex-husband had remarried. Because the property was in a community property state, both the ex-husband and his new wife had to sign a Deed and Affidavit. What could have been a relatively simple transaction shortly after the divorce became more complicated because she did not follow through at the time. Now it required additional documents and cost more to resolve.

That is the part people do not expect. The divorce decree may say who receives the property, yet that does not mean the Deed, Title, and County record have all been updated. The decision may be final while the ownership follow-through is still unfinished.

Once the divorce is final, do not assume the Real Estate is finished too. This is where the Four Aces approach matters.¹ Find the master in each industry and let the right professional review the part they know best. Have a Title Officer review the Chain of Title to see who is still listed as an owner. Confirm the Deed reflects the intended ownership and that the County record is aligned with the decree.

It is also the difference between being clever and being wise.² A clever solution fixes a problem after it appears. A wise decision addresses it before the problem becomes larger or urgency arrives. If the divorce is done, start the follow-through now. Clean up the Title before the next sale, refinance, or transfer forces the issue.

If it’s not recorded, it’s not protected.

Your Steward of Good Deeds

¹ The Four Aces are discussed in “After You’ve Passed, Your Family Shouldn’t Have to Fight Over Your Home. One Simple Check Can Prevent It.”

² Read “Clever Solves Problems. Wise Avoids Them.”

Quick Claim USA serves as a steward of Real Estate ownership, properly aligning Deeds, Title records, and ownership documents to protect what matters.

If it’s not recorded, it’s not protected.

Disclaimer: QC Deed, LLC, dba Quick Claim USA, its members, and employees (Service Provider), are not attorneys in the State of Nevada, nor in any other State or jurisdiction. Service Provider is not licensed to give legal, tax or financial advice and may not accept fees for giving legal, tax, or financial advice. Refer to full disclaimer available on the website.