Legal Question in Real Estate Law in California
As part of my divorce settlement, I signed our house over to my wife using an interspousal transfer deed. The deed was notarized and filed with the court. A year after the divorce finalized, my x-wife's attorney has contacted me saying that my x-wife did not register the interspousal transfer deed with the county and therefore I am still a legal owner of the property and can sign current escrow papers as one of the owners. Is this true?
1 Answer from Attorneys
Basically, yes. The deed you signed should have been recorded with the county recorder, not filed with the court. Unrecorded deeds are the stuff of law school and state bar exams, but for all normal purposes you remain an owner and if she is selling the property you will have to sign escrow papers. Although it seems to me it would be much simpler for them to just have you sign another interspousal transfer deed and record it ahead of close of escrow.
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