Beyond Real Estate: Divorce and Real Estate – The Two Most Common Mistakes
In divorce real estate, I often see a home awarded to one spouse but the title never properly transferred—leading to major complications years later when selling or refinancing.
⚠️ Two Key Risks:
1️⃣ Title Not Transferred or Recorded
A divorce decree alone does not change ownership. Unless a new deed is signed and recorded (ideally through a title company), both names may remain on title. Later, the ex-spouse’s signature may be required—stressful and costly if they’ve moved, remarried, relocated, or passed away (which can trigger probate).
2️⃣ No Title Insurance After Transfer
Even if recorded, the original title insurance becomes void. The receiving spouse now owns the property without coverage. Any liens, defects, or recording errors are no longer insured, risking unexpected costs. A new title policy should be issued in the receiving spouse’s name.
✅ Why This Matters
I specialize in divorce, trust, and probate real estate—ensuring deeds are recorded correctly and title insurance is secured so clients are fully protected.
If you’re a legal professional—or recently awarded a home through divorce—don’t overlook these crucial steps.
Dar Mardan
Realtor | Trust, Probate & Divorce Real Estate Expert
Vidar Group Real Estate
📞 714-612-3870 | 📩 dar@vidargroupre.com
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