The entire divorce process is difficult, but the real estate aspect can raise some serious questions or issues.

1. Not listing the real estate in the Summons and Petition.

  • This might prevent you from getting a divorce, might prevent you from selling the property until you go back to court to amend and correct the decree, might result in your spouse getting more of a share in that property, and other problems.

2. Not using the correct “legal description” for the property, or using the street address instead of the legal description.

  • You may have to amend the Divorce Decree before you can refinance or sell the property.

3. Having verbal or written “side” agreements about the property that are not part of the divorce decree.

  • These are not enforceable and if your ex-spouse changes his/her mind, you are out of luck.

 

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