Courthouse Research--Question About Divorce Filings
I've been a little baffled by something I keep seeing during courthouse research for mailing leads. Often--seems like 75% of the time--I find a divorce filing recorded and then, on the same day, a Warranty Deed is also recorded for the property/home owned by the couple. Do most couples actually have it together enough to figure out who gets the house even as they are filing for divorce, or is something else (possibly fishy) going on here? Perhaps you've encountered this and figured it out; can you help illuminate a reason? Thanks.
One thing that may be going on is that the couple entered into a property settlement agreement whereby assets, including the real estate, were divided up--who buys whom out of the real estate or put it up for sale and split proceeds by whatever percentage agreed upon. The filing for divorce may be taking place after they already worked out the property settlement deal. In a sense, the filing for divorce (presumably uncontested) is the leverage to get a signed property settlement agreement.
Nancy says it as always with precision and perfection. The perfect legal answer.
Of course down in the swamp land of mankind a whole series of events are transpiring. They should be examined, for in the breakup of a relationship many opportunities exist for those who observe the breaking bonds of matrimony.
Most marriages at time of divorce are handled prior to the actual divorce. There may have been seperations, fights over children, dogs and of course real estate.
In my case my charming lst wife intent on returning to England where people do not expose their feelings in open court prevailed upon me in my attempt to save the marriage, to give to her the title of our house on the edge of a golf course just off of Vine Street. I had stolen it for $22,000 and it was now worth about $60,000 and climbing. She listed it with a Larchmont broker who bought it at once having bargained down my elegant British Bride to $15,000. I tried to buy it but alas I was locked out. The Broker would not speak to me and
the lady with the stiff upper lip was gone back to old Blighty. I watched the Brokers elder daughter move in. They turned my elegant little office in the garage into a guests apartment. I cried.
To play the Divorce game you try to buy the undivided share of the wife or husband. If they are raging and fighting even better. Each wishes to do the other in and thus you can obtain the undivided share for sometimes just enough to buy a car or rent an apartment.
Now you have one. If you are super clever you move onto the other party and negotiate with great care to buy that share. Sometimes the promise to be mean to one or the other is all it takes. I have bought such shares for a few thousand dollars and a promise of a future profit when the flak has died down and the parties truly seperated.
The best one I ever did was an old big ugly house North of Sunset. Seems the mistress of the house came home unexpected and found the other mistress in full and flagrant occupation of the couples double bed. Her screams were recorded by a neighbor.
She insisted I give her a small check and she was gone to Europe leaving me in possession of her Quit Claim Deed.
I met the husband the following day for coffee and I obtained his Quit Claim Deed and he was off to where? I did not ask.
I sold the house and the profit was so heavy that I just had to split it with both of them so I took one half and wrote two checks and sent them each one with a letter stating that while money could not give them back the happiness they had enjoyed with each other they should accept it from someone who envied what they had had. Very nice very soppy and I meant every word.
They are because of that small exchange of funds now friends. It is at least something remaining of a bright and brilliant flame.
From this example you can extrapolate the many and varied ways to pursue the modern Holy Grail of a Real Estate Ownership in Fee Simple.
Cheers Lucius
I suspect most often these days the H is ordered by the Judge to deed the house to the W, for her sole occupancy until the youngest child attains 18 or is married, whichever comes first.
The H gets a lien on the house for his 1/2 the community property, which protects his interest & which he has right to redeem at that time.
Thanks all for the enlightenment. And Lucius, that's an inspiring story! Now every time the phone rings I'll be hoping it's a spiteful spouse simmering somewhere on the precipice between irony and tears, offering a deed for a pittance out of spite ( or denial). I'll remember your lesson, and share the proceeds.
Reminds me of the "Corvette Song"" by Charlie King, in which he flies off to the tropics with a younger woman but runs out of cash, so he calls his shunned wife back home and tells her to "sell the car," his brand new Corvette, which she does...for $50.
what sort of legal paperwork is required to buy the quitclaim deed???