What are the key words to transfer real property in an Orlando, Florida Area Divorce Marital Settlement Agreement and Final Judgment of the dissolution of Marriage? In order to properly transfer real property these words should be used in the Marital Settlement Agreement and Final Judgment of Dissolution of Marriage:
Effective immediately by operation of Final Judgment of Dissolution of Marriage, the Wife, JANE A. DOE, whose address is 777 Happy Lane, Orlando, Florida 32801, is hereby vested with sole right, title, and interest to the real property legally described as:
PARCEL IDENTIFICATION NUMBER
This provision shall constitute a conveyance or transfer within the meaning and scope of Rule 1.570(d), Florida Rules of Civil Procedure. This Final Judgment of Dissolution of Marriage shall constitute a judgment distributing assets within the meaning and scope of Section 61.075(4), Florida Statutes (2019).
For the Marital Settlement Agreement, the wording would be:
Effective immediately by operation of Marriage Settlement Agreement of Dissolution of Marriage, the Wife, JANE A. DOE, whose address is 777 Happy Lane, Orlando, Florida 32801, is hereby vested with sole right, title, and interest to the real property legally described as:
PARCEL IDENTIFICATION NUMBER
This provision shall constitute a conveyance or transfer within the meaning and scope of Rule 1.570(d), Florida Rules of Civil Procedure. The Final Judgment of Dissolution of Marriage shall constitute a judgment distributing assets within the meaning and scope of Section 61.075(4), Florida Statutes (2019).
This language is important because if you merely state that one spouse will sign a quitclaim deed and quitclaim the property to the other spouse; and that other spouse will refinance the property in their name only, then you merely require the other party to perform an act. That is distinguishable from language which conveys or transfers the subject property. That is why the language is critical.
With the correct language, if the other spouse refuses to sign the quitclaim deed, you could simply record the final judgment and the marital settlement agreement in the county where the marital residence is located; and you effectuate the muniment of title and achieving the same as if he/she had recorded an executed quit claim deed.
If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my website at: https//:www.AnnMarieGildenLaw.com
This article is for informational purposes only; and it does not form an attorney client privilege.