Transfer of Title to Real Property Pursuant to a Marital Settlement Agreement

When couples divorce, there is often jointly owned real property that needs to be resolved in conjunction with the divorce proceeding.  Depending on the circumstances, family law practitioners can negotiate various manners of disposing of the real property.  Often, one party will receive sole ownership of certain real property as part of a marital settlement agreement (“MSA”).  The deed should not be a simple Quit Claim Deed transferring ownership from one spouse to the other.  Rather, the deed should contain language so that the property appraiser is on notice not to reset the taxable value.  As an example, a client came to me after her deed was prepared and recorded.  She was shocked to find that her property taxes suddenly increased $5,000.00.  The deed did not state that the property was being transferred pursuant to a MSA and, thus, the property appraiser automatically reset the property taxes based upon the current market value.  After several phone calls and letters to the property appraiser showing that the transfer was part of a marital settlement, I was able to get the property taxes rolled back to the prior basis.  It is easier and less costly to have your deed prepared correctly the first time.

For help or assistance in relation to litigation and real estate matters, please contact us at:

Hiller Law, P.A.
Douglas C. Hiller, Esq.
3132 Ponce de Leon Blvd.
Coral Gables, FL 33134
www.dhillerlaw.com

Contact Information:
Phone: (305) 456-4607
Fax: (786) 441-4337
Email: info@dhillerlaw.com