Deeds, title, and liens
Who owns the home, what is recorded against it, and what has to be cleared before ownership can change or a sale can close.
Explanation
The deed records who owns the home; title work reveals everything attached to it — mortgages, HELOCs, tax liens, judgment liens, contractor liens, HOA balances, even solar-panel financing. In a divorce, surprises on title are common precisely because no one has looked in years. A lien discovered at closing can delay or derail a sale or buyout that everyone thought was settled.
Ordering title work early is inexpensive insurance. It confirms how the home is actually owned (which may differ from what either spouse remembers), surfaces every payoff that will come out of the proceeds, and gives the attorneys accurate numbers to negotiate with instead of estimates.
Key questions
Worth answering before anything is signed
- Whose names are on the deed, and how is ownership held?
- What does a current title search show against the property?
- Are property taxes current, or are there delinquencies?
- Any HELOCs, judgment liens, contractor liens, or HOA balances?
- Is there solar or home-improvement financing recorded against the home?
- What has to be paid or released before a transfer or closing?
Common risks
Where this path tends to go wrong
- A forgotten HELOC or lien surfacing days before closing.
- Deed transfers signed without addressing the underlying debt.
- Delinquent taxes accruing interest while the case proceeds.
- Solar or improvement financing that must be paid, assumed, or transferred.
- Recording requirements missed, leaving ownership unclear for years.
The information on this website is provided for general educational purposes only and is not legal, tax, lending, financial, insurance, appraisal, or mental-health advice. Real-estate laws and individual circumstances vary. Consult qualified professionals before making decisions.