Divorce Laws, Divorce Decrees On Existing Mortgages
All legal and equitable owners of real estate are required to convey a valid security interest in property.
State divorce laws and final decrees divide property, and as a result, although legal title of record may still
be held jointly, a sole owner may often "bond around" clouds on title (remove exception from title insurance)
and refinance property without obtaining permission or acceptance of an ex spouse.
Divorce Laws Provided By Statutes
State divorce laws, whether created by statutes or judicial opinions, often change as government bodies
respond to social events and political pressures. Family law lawyers are required to be licensed by the state bar which
with verification of legal competency and analysis of divorce laws, child support guidelines and rules of
civil procedure. All family law attorneys must also participate each year in legal seminars approved by the state bar. Because of the complexity
of state and federal divorce laws, each person interested in family law matters should retain legal counsel who
is familiar with local practices and customs.
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