What to do about transferring property deeds during a divorce?

My husband and I own 2 properties. One is in both our names and one he has not filed the deed for yet. We are supposed to transfer the houses to one another so we both get one. He won’t file my deed until after the uncontested divorce is over. Does this filing need to be done before the uncontested divorce because I don’t trust he will go through with it and will simply put it in his name alone.

Asked on November 29, 2011 under Family Law, New York

Answers:

Sharon Siegel / Siegel & Siegel, P.C.

Answered 8 years ago | Contributor

If you are represented by counsel, have the signed deed held in escrow by your lawyer.  If you are pro se, I would have the decree reviewed by a lawyer to make sure that the it requires the property to be transferred.  If you suspect that he will not go through with the "deal" that the two of you made, put it in the decree.  This way, if he does not go through with it, you can sue him.  By I would have your lawyer hold the deed in escrow.

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