My ex-husband and I bought 5 acres in southwest Virginia many years ago. We had the title search, survey, perk test etc etc and he has solely owned the land ever since, per my giving it up in the divorce. There are no buildings or improvements-the land is as it was when we bought it. Now he is selling it to me and we want to do this as simply and cheaply as possible. No realtors, no lawyers. Can I get some pointers on how to do this? I really don’t want a lot of feedback as to “why” we should get a lawyer, unless the law REQUIRES it—-I really just want to know how to do it without one! Thanks.
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Go the real estate registration desk at your courthouse and ask what you need to do.
Trust/verify
It is fairly easy to TRANSFER title from one party to another, but making sure that you are getting CLEAR title is a different matter. Suggest a brief consult with a lawyer, as much as it sounds like you do not want to do that.
She knows the title was clear when they bought it. She (presumably) knows whether it was encumbered while they owned it jointly. It's a question of how much she trusts her ex that he's not encumbered it since then.
In MD all I had to do to sell my ex the house was file a quit claim deed with the court clerk. They had the form at an office supply. You sign it in front of a notary and off you go.
Yep, quit claim proceedure.
A buddy bought 13 houses over the years using quit claim, he'd did a little research on his own, but no problems with any of them.
Quitclaim is fine
as long as you get one from everyone who has a possible interest. The title owner can't quitclaim anyone else's interest. If he owes money on the property, has judgements against him, etc. etc......
good advise above...
Ask the county Clerk and Recorders office what the procedure is to transfer title. We recently sold a house to her parents. Same situation, she bought it 10 years ago, did the title search, etc. We then got married and moved, so we just did a Quit Claim deed and filed it at the courthouse. Not complicated at all, no lawyers or realtors needed.
I haven't done it, but you can do you own title search to see if there are any leins against the property. Title companies provide this service and give you "title insurance" incase they missed something. Doing your own title search, you have no one to go back against if you miss something, but you will save some money.
Since you did a title search when you bought the property, your real risk is that your Ex may have borrowed money or put this property up for collateral in some other deal. I don't know your husband, but if you wonder at all, a title search or title insurance might be a good idea.
Thanks for all the feedback
Very helpful comments--looks like we will be doing this, clean & simple, in a few weeks-it's very exciting!! I think I'll build a kiln and go back to throwing pots in my pending retirment years!!!