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The Law & You

I Got the Property in the Divorce. How Do I Change the Deed?

The Law & You
May 7, 2018

The Law and You

I Got the Property in the Divorce. How Do I Change the Deed?

A viewer states he received property in his divorce but the deed had never changed over to him. What does he need to do to fix the situation? Attorneys Greg Fellerman and Ed Ciarimboli offer advice.

Dave Kuharchik: It is time again for “The Law & You,” featuring the area’s premier attorneys, the guys that have to move the awards just to get out of the awards let alone get here to the set. Attorneys Greg Fellerman and Ed Ciarimboli, good to see you guys.

Ed Ciarimboli: Dave, we’re just a couple of hard-working guys looking for a hot meal.

Dave: You know, just for the record, I stopped by the office a few weeks ago and I had to see for myself and it’s true. Lots of awards.

Ed: You know it.

Dave: Here’s our question for tonight, and this involves Mike from Plains. He says, “I owned a piece of property with my wife when we were married. I got the property in the divorce but apparently, the deed was never changed. I want to see the property. What do I need to do?” How does this work out for Mike?

Ed: I think it might be you want to sell the property. You probably can see it any time you want.

Dave: I imagine so.

Greg Fellerman: Let’s make this a hypothetical.

Ed: Hypothetically speaking, you want to sell it, I think what you going to need to do is obviously have your ex-wife’s name removed from the deed, which, unfortunately, you’re going to need to hire a lawyer to do this because she’s going to have to sign off on this. You’re going to need your divorce decree to show you got the property in the divorce.

Greg: And an official to enforce the order.

Ed: The deed is going to have to be transferred. There may be some tax consequences, real estate tax.

Greg: I don’t know if there will be real estate but the issue is going to be you’re going to have to go back into court with the documents and file a petition to enforce that order and force the ex-wife to transfer the deed over to you so it should be in your name as ordered by the divorce decree. And then you’ll be able to sell it. There will be recording fees, I don’t think there’s any real estate transfer, but there could be. We’re not real estate lawyers. But that’s the way I see it unfolding. But it’s definitely where you need some legal counseling.

Ed: You can’t see it or sell it until you are able to get her name off that deed.

Greg: You would need her signature and then she would be entitled to part of the proceeds as the law states.

Ed: Absolutely.

Dave: I like that you’re trusting the question on the fly.

Greg: We’ve been doing this for a long time.

Dave: They can get you a referral to a real estate or divorce attorney as needed. Results matter, attorneys Greg Fellerman and Ed Ciarimboli.

Greg and Ed: Thanks, Dave.

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The Law & You is a nightly feature on channels WBRE-TV 28 and WYOU-TV 22 where the attorneys from Fellerman & Ciarimboli answer legal questions. If you have a question that you want answered by the Law & You attorneys, please submit the form on this page or call the hotline at 1-888-570-HURT.

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