Bob Kalish Divorce Law Blog on Lawyers.com

After the Decree is Signed...Lingering Post-Divorce Property Issues

The judge’s signature on a final decree of divorce often causes the parties to breathe a sigh of relief, and finds them ready to take a break from legal matters.  Therefore, the final steps in splitting community property are not always given the same careful attention as the earlier proceedings (especially if the parties are emotionally exhausted).   It is not uncommon for one or both parties to decide to “deal with the rest of this later.”

Here are some common examples of issues that may not be completely resolved: 

Transferring titled vehicles (auto, motorcycle, boat) from both names into the name of the spouse who is keeping it.  Either the parties don’t sign the proper forms, OR they are signed but never filed, and then misplaced.

Final paperwork on real estate: Either a refinancing never occurs that was supposed to happen, OR the spouse who is awarded the property does not receive the appropriate type of signed deed from the other spouse OR the paperwork is done but never recorded.  

Splitting of retirement accounts: This is the most complicated of them all, and, since the retirement may not happen for years, even decades, this is the one issue that most often remains pending.   Requirements for splitting the accounts vary from company to company and can be quite complicated and may require additional legal fees to handle, as well as an additional order signed by the judge.

Miscellaneous: These are various issues that can usually be handled without a lawyer, such as closing any credit accounts that remain open in both names, closing any bank accounts or safe deposit boxes in both names, changing over utilities.  If you haven’t already been given one, it is also a good idea to get a certified copy of your divorce decree and keep it with your important papers. These are generally available from the District Clerk in the county where you obtained your divorce. There is a fee, generally $1.00/page. 

Depending on the legal assistance needed and your contract with your attorney, some of the post-divorce property issues and transfers may not be included in your initial legal fees or contract. Each case is different.  

If you have already been divorced, you may discover several months or years later that there are still some loose ends remaining.  No reason to panic.  A family law attorney can assist you with tying up those loose ends.  When you consult with the attorney, you should bring a copy of your decree (or at least the year and county of your divorce) and any documentation that you have about the property needing to be transferred.   An attorney who is skilled in family law and property transfer can assist you by preparing and filing the documents and seeing the case file through to completion.

Bob Kalish  is the founding partner of Kalish Law Office, and has been representing divorce, business, and real estate clients since 1984. He can be reached by email at bob@kalishlawtexas.com. The firm’s website it www.kalishlawtexas.com and the telephone number is 281-363-3700. The Kalish Law Office is located in The Woodlands, Texas, north of Houston.

The above article pertains to Texas law only and is intended for informational purposes. It should not be used as a substitute for legal advice.