Legal Question in Real Estate Law in Minnesota
Transfer of Home Ownership in Divorce
I am represented by a Family Law attorney who
does not practice real estate law. Which legal
forms are required in paying one spouse 1/2 of
the primary residence equity and activating a quit
claim on the property/ I live in Minneapolis, MN.
1 Answer from Attorneys
Re: Transfer of Home Ownership in Divorce
A family lawyer needs to know enough real estate law to take care of such matters, and I find it hard to accept that your family lawyer can't handle this.
In general what you would need is a quit claim deed and a certified copy of the divorce decree. This response assumes that you are doing this as part of a divorce settlement.
If the divorce is not final, it's too soon to talk about any kind of a transfer. If the divorce was completed several years ago and this is follow-up on an old decree, the quit claim deed itself may be enough.
This is dangerous to attempt without a lawyer. You risk really messing up the title of the property involved. Find a lawyer who can do both family and real estate (such as myself) and ask for help. It's a pay me now or pay me later situation - do it yourself and it will cost more in the long run to straighten it out.
Good luck.
This response is for general information purposes only and does not create an attorney-client relationship. You are advised to consult the attoney of your choice concerning the details of your case.