In researching property records through the Register of Deeds online registry for the county in which I live, I came across a transfer of property from my ex-husband to his mother in 2002. This property was titled in his name only. The property had transferred to my ex-husband in 1995 from his mother. She was elderly and trying to simplify her finances and assets. The transfer back to her in 2002 was partly due to his siblings objection to the original transfer. My question is this … Would I have had a marital interest in the property in question? Would my consent and/or signature have been required for my ex-husband to transfer the property back to his mother? We were married in 1984, separated in 2012 and divorced last year. Thank you for your help.
The general rule when it comes to real estate is “one to buy, two to sell.” Unless marital funds were used to pay down a mortgage or repair the residence, it does not sound like you would have had an actual marital interest in the property, but it does sound like he would have needed your signature to transfer the property. If you want to learn more, you should speak with a real estate litigation attorney.