Kirsten Hurst
Junior Member
I just went through a divorce in Oregon. There were several pieces of real property involved in this divorce, two held in a trust. The Trust's existence fell through the cracks and was never introduced into the divorce. After the divorce ,we went through the motion to transfer the properties. In a nutshell,
my ex-husband's attorney was made aware of the trust only a few days after the dissolution. He sent me deeds to sign transfering the title on the properties. The deeds said nothing about emcumbrances,tax es, etc. I had
no copy of the trust. My ex has all our documents and paperwork that I am still trying to get. I said I would not sign the deeds without an attorney reviewing the trust. I wanted the property transaction to go through a title company, the mortgages refinanced to take me off them, and a title search, and to make sure that my exhusband hadn't borrowed money on the properties held in the trust without needing my signature. I asked for a copy of the trust and after that was totally ignored, no replys to my request, no trust, nothing. Now months later, my exhusband and his attorney filed a motion to amend the original dissolution agreement. Basicly, the point was to ammend the wording on the original dissolution on the properties in the trust, and title tansfer on them. I filed an objection because something seemed really wrong that they would'nt get me a copy of the trust, and now were managing to get the title transfer done without me signing anything. The objection was done as a phone conference with the Judge, myself and my exhusband's attorney. Bottom line, the judge approved the motion, but I
had expressed what I thought had occurred improperly about not being sent that trust, and my exhusband's attorney said he never sent it because neither
he or his client had a copy of the attorney. HOWEVER, in the dissolution papers, he managed to describe the trust with the date it was formed. I think he was lying, but my question is, can a property transfer occur without
ANYONE reviewing the wording of the trust to see that it is allowed in that trust? Legally , shouldn't that trust have been part of the documents that the
dissolution court orders said "each party is to get the necessary documents to one another to facilitate the property transfers" within 20 days.
I believe I am dealing with contempt issues here, but has something potentialy illegal been done for an attorney to use a trust legally, and make changes on it, but then say he doesn't have a copy of the trust? Without actually having a copy of the trust, or signing anything, whatother types of things can they do under the cloak of that trust.
my ex-husband's attorney was made aware of the trust only a few days after the dissolution. He sent me deeds to sign transfering the title on the properties. The deeds said nothing about emcumbrances,tax es, etc. I had
no copy of the trust. My ex has all our documents and paperwork that I am still trying to get. I said I would not sign the deeds without an attorney reviewing the trust. I wanted the property transaction to go through a title company, the mortgages refinanced to take me off them, and a title search, and to make sure that my exhusband hadn't borrowed money on the properties held in the trust without needing my signature. I asked for a copy of the trust and after that was totally ignored, no replys to my request, no trust, nothing. Now months later, my exhusband and his attorney filed a motion to amend the original dissolution agreement. Basicly, the point was to ammend the wording on the original dissolution on the properties in the trust, and title tansfer on them. I filed an objection because something seemed really wrong that they would'nt get me a copy of the trust, and now were managing to get the title transfer done without me signing anything. The objection was done as a phone conference with the Judge, myself and my exhusband's attorney. Bottom line, the judge approved the motion, but I
had expressed what I thought had occurred improperly about not being sent that trust, and my exhusband's attorney said he never sent it because neither
he or his client had a copy of the attorney. HOWEVER, in the dissolution papers, he managed to describe the trust with the date it was formed. I think he was lying, but my question is, can a property transfer occur without
ANYONE reviewing the wording of the trust to see that it is allowed in that trust? Legally , shouldn't that trust have been part of the documents that the
dissolution court orders said "each party is to get the necessary documents to one another to facilitate the property transfers" within 20 days.
I believe I am dealing with contempt issues here, but has something potentialy illegal been done for an attorney to use a trust legally, and make changes on it, but then say he doesn't have a copy of the trust? Without actually having a copy of the trust, or signing anything, whatother types of things can they do under the cloak of that trust.