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What if property has not been transferred into ex spouses name as per divorce decree even though relevant papers were signed for the transfer?
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Does divorce decree take precedence over original recorded property deed?
Yes. If the couple acquired the property as tenants by the entirety, a survivorship tenancy reserved for married couples, their tenancy would change to a tenancy in common after a divorce.Also, a divorce decree can order one party to transfer property to the other. If they refuse to execute a deed, the divorce decree can serve as the legal transfer in Massachusetts and other states.Yes. If the couple acquired the property as tenants by the entirety, a survivorship tenancy reserved for married couples, their tenancy would change to a tenancy in common after a divorce.Also, a divorce decree can order one party to transfer property to the other. If they refuse to execute a deed, the divorce decree can serve as the legal transfer in Massachusetts and other states.Yes. If the couple acquired the property as tenants by the entirety, a survivorship tenancy reserved for married couples, their tenancy would change to a tenancy in common after a divorce.Also, a divorce decree can order one party to transfer property to the other. If they refuse to execute a deed, the divorce decree can serve as the legal transfer in Massachusetts and other states.Yes. If the couple acquired the property as tenants by the entirety, a survivorship tenancy reserved for married couples, their tenancy would change to a tenancy in common after a divorce.Also, a divorce decree can order one party to transfer property to the other. If they refuse to execute a deed, the divorce decree can serve as the legal transfer in Massachusetts and other states.
What is Inter-spousal Grant Deed?
An inter-spousal grant deed is a document that legally transfers property from one spouse to the other to. There are many ways to accomplish a property transfer, but two of the most common ways to transfer property in a divorce are through an inter spousal transfer deed or quit claim deed.
Do you pay taxes on a lump sum of divorce money?
Most lump sum payments given in a divorce are not taxable. Lump sum payments that are non-cash property settlements, payments to keep up a standard of living or property are not taxable. However, any lump sum payment given as a form of alimony is taxable.
Is community property acquired after you file for divorce still community property?
No, after divorce what property you obtain is yours. If you come into a marriage with property that is yours as well when you divorce.
How do you remove a judgment from a home that was awarded in a divorce if the deed to the property was never transferred to the non debtor ex-spouse?
If the judgment lien was placed before the divorce and not paid or settled the property could not have been conveyed to another party regardless of the terms divorce decree. If the couple lived in a community property state the property lien is against both of them even though only one spouse incurred the debt and the awarding of the home in the divorce decree is irrelevant as to the validity of the judgment. Before the deed can be conveyed to the spouse who was awarded the property the judgment will have to be paid or settled according to the terms of the lien holder.
When divorce happens and the house is in woman name does the man have legal rights to the home?
It depends. This is an issue that varies from state to state, so it depends on the relevant state's law. It also depends on when/how the home was purchased. If the wife purchased the home prior to the marriage, it may be considered pre-marital property, and therefore not subject to the divorce. If it was purchased with marital funds, it may be joint property, and may need to be divided in the divorce. If you are considering divorce, you should make an appointment to speak with a divorce lawyer in your area right away. Family/divorce law is often complicated, especially when property, debts, and children are involved.
If married persons executed a Living Trust with real property as an asset does their recent divorce void the Trust or must it be revoked by a document prepared by an attorney?
You must always look to the language in the trust document. A well drafted trust will spell out instructions for every issue that affects the trust estate. A trust doesn't become "voided". The property that was transferred to the trust must be transferred out by the trustee in order to pass title to the property. This issue should have been resolved at the time of the divorce. You should seek the advice of the attorney who represented you at that time.
In non -community property states how is property transferred after a marriage ends in divorce?
This will depend on the laws in the jurisdiction in which the divorce is taking place. However, in many jurisdictions such as in New Jersey, property is divided according to a concept called "equitable distribution". This means that in the divorce action the court will look at the marital property and the history of the marriage and divide the property so that it is equitable to both parties. The major factor is the roles each spouse played in the marriage in acquiring the marital property. A woman who was the housewife of the husband who brought in all the money will still be entitled equitable distribution since her contributions to the marriage as a housewife were just as important as his as the main earner.
How does a quit claim deed hold up in court during a divorce?
Many states have laws that control the transfer of what may be considered marital property during a divorce proceeding. A court can void a deed if it determines that any property was conveyed that should be included in the marital assets and subject to division between the parties. In Massachusetts, an automatic restraining order arises when a divorce is filed, preventing either party from transferring any assets.You need to consult with your attorney or if you don't have one an attorney who specializes in divorce law in your state who can review the situation and explain your options. You should bring with you any evidence of the transfer. The court will rule whether the transfer was effective or will be voided.
Is a car in nc considered community property?
No but in the case of divorce it may be considered marital property.No but in the case of divorce it may be considered marital property.No but in the case of divorce it may be considered marital property.No but in the case of divorce it may be considered marital property.
Does the state i live in divorce laws applied to me if i was married in a different state?
The state divorce laws apply wherever you file for divorce. However, if you file in a separate property state and if you own property in another state that follows the law of community property, the property in the community property state will be divided as community property.You should consult with an attorney who can review your situation and explain your rights and options.The state divorce laws apply wherever you file for divorce. However, if you file in a separate property state and if you own property in another state that follows the law of community property, the property in the community property state will be divided as community property.You should consult with an attorney who can review your situation and explain your rights and options.The state divorce laws apply wherever you file for divorce. However, if you file in a separate property state and if you own property in another state that follows the law of community property, the property in the community property state will be divided as community property.You should consult with an attorney who can review your situation and explain your rights and options.The state divorce laws apply wherever you file for divorce. However, if you file in a separate property state and if you own property in another state that follows the law of community property, the property in the community property state will be divided as community property.You should consult with an attorney who can review your situation and explain your rights and options.
Do you have to pay off your spouse if you keep the house in a divorce?
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.
