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Dec 6, 2018
3:38:29pm
thecthdox All-American
My only thought is whether the State has statutory provisions resulting in TBE
Tenancy by the Entirety. In a tenancy by the entirety both spouses concurrently own the full property interest by statute. 26 states have some form of TBE statute. If the ownership was TBE between the spouses then there is an argument that a QCD from one to another has no effect while they are married; ie ownership by either spouses results in a TBE and the deeding spouse would still have a full concurrent interest in the property.

It is also possible that the divorce resolution did not include the distribution of the property. If the state follows a statutory scheme that automatically results in TBE, then ex-wife would still hold a full concurrent interest in the property at the time of dissolution, and without a court order to the contrary or a post divorce deed, the ex-wife may still hold an interest in the property.

At least that is my understanding of TBE.
thecthdox
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thecthdox
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