Legal Question in Family Law in California

post divorce timing: when is property legally transfered?

Our divorce judgment provides that I transfer to my ex all property and debts and receive an equalizing payment in cash. And also, that should my ex be unable to refinance in order to get the cash, the former family home has to be sold. We are ready to put the house up for sale and my name is still on the title. Who does the house really belong to at this point? Do I have to sign the sales listing agreement and, once sold, do I transfer my share to the new owner or to my ex-husband? This question is very important, as it raises tax related issues. Thank you for your help


Asked on 8/11/00, 4:33 pm

1 Answer from Attorneys
Barry Jorgensen The Law Office of Barry S. Jorgensen

Re: post divorce timing: when is property legally transfered?

The house belongs to the persons on title. You ran transfer your interest to a new owner without capital gains tax exposure, if the sale is incident to a divorce. A written marital settlement agreement would be a wise idea.

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Answered on 9/14/00, 3:05 am


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