By Holly Pagoaga | Escrow Officer | Orem office
Let’s talk divorce; not the words most people want to hear. In most divorce cases the parties involved have come to an agreement in the decree of divorce as to who is getting the property, any equitable interest, or the fact that they need to refinance to remove the other party. If a deed has been recorded to transfer the interest of one of the parties, we need to make sure that the appropriate verbiage has been included to release any interest or equitable lien that may have been created through the Divorce Decree. If a deed has been recorded without a recital, you will need to investigate to see if additional documentation is needed. In short, when a divorce is involved in one of your transactions you will need to obtain a copy of the decree. It may take some time when working with individuals that thought the deed that they prepared without anyone’s help took care of the problem. Recitals on your deed should reference the case number and jurisdiction.