It depends on the terms of your divorce settlement and distribution of marital assets. The settlement will be negotiated by your respective attorneys. If you cannot agree then the court will decide the division. Generally, if one spouse gets to keep the house, it is in exchange for some other property or entitlement such as future alimony.
If there is a mortgage on the property it must be addressed prior to the divorce. The person who will be retaining the property should arrange to pay off the mortgage and refinance in their own name. As long as both names are on the mortgage both are equally responsible for payment even if one has transferred their interest in the property to the other by deed.
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In Ne If you sighn off rights to your house are you owed a settlement in a divorce
This matter should have been addressed in the divorce agreement. Generally, one spouse agrees to convey their interest in the property and the other agrees to refinance any outstanding mortgage debt in their own name. Once that agreement has been made it should be come part of the divorce decree.If there is a mortgage in your name then "getting your name off the house" will not get your name off the mortgage. You should contact the attorney who represented you in the divorce for advice on how to complete your severance from your former spouse. Signing a deed at this point will divest you of any interest you have in the real estate but you will still be responsible for paying the mortgage.
If you and your divorced spouse have children, then you can add the word (divorved) to the spouse's entry. Many computer programs that make family trees provide a field to indicate a divorce. If you have no children with that spouse, you can leave the spouse off the tree if you want.
If you have a divorce decree stating that the car belongs to you, and not your ex, then you should be able to get it taken care of at the department of motor vehicles. If it is not on your divorce decree then you will have to have it amended.
If she wants to keep it , if not then no
If your spouse refuses to sign a divorce decree you will still have to go in front of the judge but he will most likely sign off on it and give you everything you want. This is because the respondent is not willing to cooperate.
If the car was awarded to you in the divorce then you should present the order and the title to the DMV.
I have the same question. I'm debating whether to pay off my loan to prevent this from happening or invest the money elsewhere.
Probably - it depends on the language of the divorce decree. Spousal support is generally intended to be temporary.
An Owner's Policy only covers the actual owner of the property. When the property is awarded to a party in divorce proceedings, that person remains "in title" (still on the deed) and the original Owner's Policy is still in effect covering that person since they were on the original deed as well when the property was obtained.The non-titled (person who was not awarded a continuing interest in the property by the divorce decree) automatically falls off the title policy since their interest is transferred off by the divorce proceedings and they no longer own the property.If you are looking to take the ex-spouse off an existing deed as the result of divorce proceedings, contact your real estate attorney and s/he can prepare the proper deed vesting the interest solely into the awarded spouse with the proper legal language referencing the divorce decree.
Your divorce attorney should have assisted you with obtaining a deed from your ex. You could contact that lawyer and ask assistance now. If your ex will not execute a deed that conveys their interest to you then you can obtain a certified copy of the final divorce decree that ordered the return of the property to you and record it in the land records.