Real Estate Titles After A separation

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I am often approached by individuals about clearing title to their home after they have gone straight through a divorce. The most frequent ask that arises: how to force the other party to exchange title to the real estate.

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In a divorce, especially one that is contested, one party is awarded title to the family home. The losing party is required to exchange their dower interest in the property to the winning spouse by court order. Sometimes, the parties agree, but the bottom line is that the exchange has yet to occur.

In many cases, the "losing" spouse, whether enraged by the loss, or out of anger, refuses to exchange title. So how do you get the other party to sign the deed after the case is over?

Unfortunately, there is no easy answer once the case has terminated, especially if the lawyer did not plan for this problem.

The clarification while the process, however, is quite simple. Put the grantor grantee language in the separation decree/entry. If the other party refuses to sign the quit claim deed after the separation is finalized for whatever reason, you can always file the rule in the place of a deed!

Because the entry has the grantor/grantee language in the document, the registrar/recorder's office will accept the document as though it were the quit claim deed. Problem solved.

If the separation has been finalized without this provision, your only answer may be a trip back to court. This time, however, you are in the driver's seat. Ask your lawyer to file a contempt motion and ask attorney's fees. If the non-performing spouse is found to be in contempt of the court order, not only do they have to comply, pay your attorney's fees, but the Judge can put them in jail.

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