Five Points: Property Ownership During and After Divorce

A basic understanding of legal requirements in transferring title to a property in accordance with the couple’s negotiated agreement should help alleviate some anxiety as the transaction nears closing.

• Property obtained during marriage is presumed to be community property, belonging to both spouses absent strict proof otherwise
• Due to community property rules, if one spouse buys a property prior to the finalization of the divorce, the other spouse may be required to join in the transaction
• A change in ownership due to divorce must be reflected in the real property records, either by filing a warranty deed of record, or the actual divorce decree, properly worded
• Separate property of one spouse may still be subject to monetary claims of other spouse, or split by the judge
• An agreement whereby one spouse retains sole ownership of a property must include proper owelty language to ensure future enforceability and financial flexibility
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Whether buying, selling or retaining the family home or other property, a married person or couple finding themselves in the midst of a divorce are often besieged by unexpected issues, emotions and ramifications connected to the transaction.

At RattikinLaw, we understand the difficulties tied to this type of event. If we can be of assistance, please email Jeff Rattikin at rattikin@rattikinlaw.com.