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Title Reports and Title Insurance in Divorce Cases

It is not unusual for divorcing parties to own real estate, whether residential, rental and/or farmland and it is not unusual that said property, if marital, is subject to being split or divided among the parties pursuant to any Judgement of Dissolution of Marriage. Although parties may believe they are current in regard to knowing relative information regarding the real estate, consideration should be given in regard to obtaining title reports in regard to the real estate. Title reports may show any easements, liens, mortgages or other encumbrances against any property. A title report can also identify the owner of record of the property, as well as any unpaid taxes that would have to be cleared before the property could be sold.

The parties may also wish to consider having updated title policies in regard to any real estate they are receiving. Title insurance can protect the parties up to the amount of fair market value of the property and it protects lenders against defects or problems with a title when there is a transfer of property ownership.


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