Protect your real estate and property interests during divorce

Property and estate protection

While the ultimate fate of your property might be unknown at the second, you need to nevertheless protect your interests by double-checking title documents and reviewing your will, trusts, along with other documents that dispose of your property at death.

Title documents

In order to divide assets and negotiate your divorce settlement, you have to know how title (history of ownership) to those assets is legally recorded, regardless of regardless of whether that property is ultimately considered your separate property or part of the marital assets. Real estate title documents (deeds) are located in the county records office, usually called the county recorder.

If you can't find the deeds at the recorder's office, a title company can help you. The recorder might have a website exactly where you can order a copy of a recorded document (anticipate to pay a fee). You can also ask a real estate agent for a "property profile" that shows how title is held (generally totally free), or ask your mortgage business for loan documents, including any recorded deeds.

You need to take a take a look at all recorded deeds to make certain your spouse has not unilaterally removed your name from property held jointly. In most states, either spouse can alter title held in joint tenancy into tenancy in typical, and you wish to be certain your spouse hasn't done this without your consent.

Title documents for other kinds of property-for example, car registration forms and bank account and investment statements-are situated in different places. To protect yourself from having your spouse unilaterally alter title, you should write to the Department of Motor Vehicles, bank, or stockbroker to ask that no title changes take place until the divorce is settled.

Wills, trusts, and other estate planning documents

If you've produced a will or living trust or taken other measures to determine what will occur to your property following your death, your divorce probably alters those plans dramatically.

In many states, a final divorce judgment automatically revokes component or all of your will. It is typical for divorce to cancel all parts of your will that leave property to your ex-spouse; in some states, the entire will is wiped out. In any case, you need to make a brand new will.

If you die before your divorce is final, your spouse might be entitled to a share or all of your property-even if your will leaves everything to other beneficiaries. To be certain about the distribution of your property, you can consult a Nolo estate planning publication or an attorney.

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