Legal Question in Real Estate Law in New York
deed transfer
divorce states husband and wife will convey marital home to wife within 60 days.its been 6 months. How do I go about getting a transfer of deed,what forms do I use,and whats the estimated cost,can we do it without an attorney.?
1 Answer from Attorneys
Re: deed transfer
A Court's direction or Order, without more, does not "automate" a property transfer, if there are other parties or factors involved, with an interest in the property.
If the property has a mortgage, that may be the reason or problem delaying the transfer. The mortgage bank or company may require a payoff or refinance, in order to permit the transfer that removes your spouses's name from the title.
The clerical aspect is that: A new Deed transferring the property to you; and filing docs need to be prepared,properly signed before a notary or commissioner of deeds. The [new] deed with docs needs to be filed in the County where the property lies.
An attorney is not required. But, it is advisable that you have one.
Good luck,
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