Quit Claim Deed

[Poopsie123]

What is the name of your state? Iowa
I am trying to finalize my divorce ASAP and I was awarded the residence (home) along with 2 additional lots we purchased seperately from the city and my soon to be ex-wife was awarded the back 2 smaller lots. Somehow we need to get my name off her lots and her name off the home and my 2 lots. Can this be done through a Quit Claim Deed or what do I have to do so we can get on with life. I planned to add another person either now or shortly in the future to my property and lots through a deed also. I do have a mortgage on our property but can we do the deed and work with the finance company about removing her name from the loan seperately. Most important get what was awarded into the appriate names.

The land can be transferred either by the judgment in the lawsuit or by deed.

Ask your lawyer which is best in your situation.

[HomeGuru]

Originally Posted by seniorjudge

The land can be transferred either by the judgment in the lawsuit or by deed.

Ask your lawyer which is best in your situation.

**A: and what instrument would effect the judgement transfer?

Originally Posted by HomeGuru

**A: and what instrument would effect the judgement transfer?

Often, in divorces, the judgment itself will transfer the land.

[HomeGuru]

Originally Posted by seniorjudge

Often, in divorces, the judgment itself will transfer the land.

**A: the court judgement are instructions to to so. The instrument is the actual deed.

**A: the court judgement are instructions to to so. The instrument is the actual deed.

Sometimes, the judgment, if it is absolutely clear and has a good legal description, a certified copy of that judgment will be recorded in the land deed records and it is sufficient to convey title.

If the judgment is vague (as a lot of them are) then whoever loses the land should QCD to the other.

But, a judgment is sufficient to convey title. At least in my jurisdiction...it's done all the time.

For example, if bad husband is in Tahiti living it up with his secretary, it's hard for battered wife to get a quit claim deed. If she can't get a quit claim deed and the judgment in her dissolution was vague on this point, then she can go back and ask for a modification and have a commissioner sign a deed to her.


[url]http://www.courts.mo.gov/courts/pubopinions.nsf/ccd96539c3fb13ce8625661f004bc7da/3d648348ec1563a3862565cb006d0201?OpenDocument&Highlight=0,Stamatiou%20[/url]

...Mr. Stamatiou's claims in his Motion and on appeal are difficult to summarize, for many of them are based on his evident continuing misunderstanding of the dissolution decree. Apparently, Mr. Stamatiou believes that in the dissolution decree the court ordered Mrs. Stamatiou to convey the real property to him in exchange for Mr. Stamatiou's payment of $150,000. He also appears to believe that, in order to ensure Mr. Stamatiou's payment of this $150,000 sum, the dissolution court granted Mrs. Stamatiou a judicial lien on the land. He also referred at oral argument and in his brief to the fact that his liquor license required him to own the property on which the restaurant was located. Mr. Stamatiou's motion therefore requests the court "to issue its Writ of Possession to put the party Creditor into possession of the premises, to the exclusion of all others . . . ."
Mr. Stamatiou's claims are based on a fundamental misunderstanding of the dissolution court's decree. The decree stated:

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED:

. . . .

2. The marital interest consisting of the 100% ownership of El Greco Studios, Inc., d/b/a Greek Islands Restaurant with a value of $150,000.00 be and hereby is awarded to the Respondent [Mr. Stamatiou].

3. The commercial real estate located in Jackson County, Missouri with a value of $180,000.00 and the legal description as set forth in Paragraph I, sub-paragraph "c", be and hereby is awarded solely unto the Petitioner [Mrs. Stamatiou].


As is evident, the decree gave Mr. Stamatiou absolutely no rights to the real property on which Greek Islands Restaurant was located. The court simply placed a value of $150,000 on the couple's ownership interest in the corporation known as El Greco Studios, Inc., and awarded Mr. Stamatiou that asset. The court placed a value of $180,000 on the couple's ownership interest in the real estate, and awarded Mrs. Stamatiou that asset. There is no lien on the property in favor of Mrs. Stamatiou resulting from the decree; rather, the property is made hers outright. Neither this nor any other decree cited by the parties gives Mr. Stamatiou any right to the property or to operate a restaurant thereon. Mr. Stamatiou's claim that he was required to own the property in order to maintain his liquor license was an issue which should have been raised in his initial appeal of the property distribution....

Emphasis supplied.

[HomeGuru]

Originally Posted by seniorjudge

**A: the court judgement are instructions to to so. The instrument is the actual deed.

Sometimes, the judgment, if it is absolutely clear and has a good legal description, a certified copy of that judgment will be recorded in the land deed records and it is sufficient to convey title.

If the judgment is vague (as a lot of them are) then whoever loses the land should QCD to the other.

But, a judgment is sufficient to convey title. At least in my jurisdiction...it's done all the time.

For example, if bad husband is in Tahiti living it up with his secretary, it's hard for battered wife to get a quit claim deed. If she can't get a quit claim deed and the judgment in her dissolution was vague on this point, then she can go back and ask for a modification and have a commissioner sign a deed to her.


[url]http://www.courts.mo.gov/courts/pubopinions.nsf/ccd96539c3fb13ce8625661f004bc7da/3d648348ec1563a3862565cb006d0201?OpenDocument&Highlight=0,Stamatiou%20[/url]

...Mr. Stamatiou's claims in his Motion and on appeal are difficult to summarize, for many of them are based on his evident continuing misunderstanding of the dissolution decree. Apparently, Mr. Stamatiou believes that in the dissolution decree the court ordered Mrs. Stamatiou to convey the real property to him in exchange for Mr. Stamatiou's payment of $150,000. He also appears to believe that, in order to ensure Mr. Stamatiou's payment of this $150,000 sum, the dissolution court granted Mrs. Stamatiou a judicial lien on the land. He also referred at oral argument and in his brief to the fact that his liquor license required him to own the property on which the restaurant was located. Mr. Stamatiou's motion therefore requests the court "to issue its Writ of Possession to put the party Creditor into possession of the premises, to the exclusion of all others . . . ."
Mr. Stamatiou's claims are based on a fundamental misunderstanding of the dissolution court's decree. The decree stated:

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED:

. . . .

2. The marital interest consisting of the 100% ownership of El Greco Studios, Inc., d/b/a Greek Islands Restaurant with a value of $150,000.00 be and hereby is awarded to the Respondent [Mr. Stamatiou].

3. The commercial real estate located in Jackson County, Missouri with a value of $180,000.00 and the legal description as set forth in Paragraph I, sub-paragraph "c", be and hereby is awarded solely unto the Petitioner [Mrs. Stamatiou].


As is evident, the decree gave Mr. Stamatiou absolutely no rights to the real property on which Greek Islands Restaurant was located. The court simply placed a value of $150,000 on the couple's ownership interest in the corporation known as El Greco Studios, Inc., and awarded Mr. Stamatiou that asset. The court placed a value of $180,000 on the couple's ownership interest in the real estate, and awarded Mrs. Stamatiou that asset. There is no lien on the property in favor of Mrs. Stamatiou resulting from the decree; rather, the property is made hers outright. Neither this nor any other decree cited by the parties gives Mr. Stamatiou any right to the property or to operate a restaurant thereon. Mr. Stamatiou's claim that he was required to own the property in order to maintain his liquor license was an issue which should have been raised in his initial appeal of the property distribution....

Emphasis supplied.

**A: thanks but you are going off on a tanget here. Read the writer's post. The subject is a transfer of property in a divorce settlement in Iowa.
As such, the divorce decree and property distribution instructions could be adjudicated intact but deeds still need to be filed in order to complete the transfers.

Originally Posted by HomeGuru

**A: thanks but you are going off on a tanget here. Read the writer's post. The subject is a transfer of property in a divorce settlement in Iowa.
As such, the divorce decree and property distribution instructions could be adjudicated intact but deeds still need to be filed in order to complete the transfers.

Other – Court Orders – Transfer Related CLRIS DOCUMENT TYPE: Changes of Title, Certified Copies of Court Orders from Law, Equity, Probate & Dissolution of Marriage proceedings transferring or clarifying interests in real estate.

[url]http://64.233.167.104/search?q=cache:_vTWczCjvBQJ:www.clris.com/documents/Policies/CLRIS%2520Document%2520Type%2520Policy-updated.doc+iowa+transfer+real+estate+dissolution+judgment&hl=en&lr=lang_en[/url]

Same in Iowa.

Real property can be conveyed by judgment in a dissolution.