----- Message from "Heininger,Richard" <RAHeininger@smithpeterson.com> on Thu, 21 Sep 2006 10:52:46 -0600 -----

To:	<realestate@iabar.org>
Subject:	RE:

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I think the wife acquired an interest in the property by the deed from
the sellers.  The decree of dissolution does not transfer that interest
therefore the wife's judgment lien attaches to the property.  The
earlier quit claim deed does not transfer after acquired property to the
husband.

-----Original Message-----
From: realestate-owner@iabar.org mailto:realestate-owner@iabar.org On
Behalf Of Todd G. Nielsen
Sent: Wednesday, September 20, 2006 5:25 PM
To: realestate@iabar.org
Subject:

Reiewed an abstract and ran across a fact pattern that has caused some
concern.  Would like some help or suggestions on how or if I can Pass
title.
 
1.  Husband and Wife buy parcel A on contract in 1986.
 
2.  Two months after that contract is signed, wife quit claims her
interest in the property to Husband.
 
3.  2 years later contract sellers give a deed to both H & W in
satisfaction of their contract.
 
4.  Husband and wife then get divorced and the decree does not
specifically deal with Parcel A.  The decree just has a general
Statement that the parties are awarded all property in their
name...........
 
5.  Husband now deeds Parcel A to his stepdaughter so she can put a
home on Parcel A.
 
6. The kicker is that Wife now has a judgement against her for $5000.00
that was filed August 5.
 
 
 Does wife still have an interest that this judgement could attach to
and would a nunc pro tunc decree take care of her interest if it vested
title in husband.  Both parties agree that it was meant to be the
property of the husband.  They thought the quit claim deed from wife to
husband took care of her interest.  I assume they did not inform their
divorce attorneys about Parcel A???
 
What are my options-----HELP  
 
 
                                    Thanks
                                     Todd Nielsen
   
 

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