Property

Will filing with the clerk's office - a 103 divorce with partition of community property agreement suffice to clear title to real estate?

lalawchick

Mmm... all transfers of real property rights have to be by authentic act. So, was the division done as an authentic act?

lex

Yes - both will sign, with two witnesses and notary.  Also there is an acknowledgement page for each to sign. 
I've been told that you can file the partition of property after the Judgment of divorce - its filed into the record of the divorce and also in the conveyance records.  In my case, the couple have not yet started their 6 mos apart, but one wants to sell a property and buy one free and clear of the spouse - without her name on the sale/purchase - she is in complete agreement with this - its the title co. and the lender which want their property clearly separated.  I'm thinking I draft a partition of comm property agreement and file it into the conveyance records?  There's no divorce action yet - I don't know how I could get it in front of a judge?  What do you think? 

lalawchick

Lex - I'm sorry - I should have posted this in Family Law - what was I thinking?

lalawchick