Q: Do I need a new deed after a divorce for property transfer if a name was removed?
I am involved in a situation concerning a deed to a property originally owned by my great-grandmother. She intends to transfer it to me following her divorce, which occurred in 2020, when a party's name was removed from the deed. I currently have the original deed with an updated stamp indicating the removal. I'm unsure if there were legal proceedings or agreements during the divorce regarding this property. No consultations with a lawyer have taken place as of yet. My job, which requires me to work out of state, is requesting documentation about this property transfer. Does a new deed need to be created without the removed party's name on it, or is the updated stamp sufficient?
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A:
If the name of the former spouse was removed from the deed during the divorce, but no formal property transfer occurred, a new deed may still be necessary. The updated stamp on the original deed may show that the name was removed, but it doesn't necessarily indicate that the property was officially transferred to you. In some cases, even if the name is removed, a formal deed of transfer might still be needed to make it clear that the property belongs to you after the divorce.
Given that your great-grandmother intends to transfer the property to you, a new deed will likely be required to formally record the transfer of ownership. This will help ensure the property is legally recognized as yours, especially if you're dealing with any legal or financial matters like your job requesting documentation. The new deed should clearly show that your great-grandmother is the sole owner and that she is transferring it to you.
It would be wise to consult with a real estate attorney to confirm whether the divorce proceedings involved any agreements regarding the property and to ensure that the proper steps are taken for a clear transfer. This will help avoid any future complications related to the property’s ownership.
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