When people are getting a divorce in West Virginia and have property together, a question comes to mind. Does a divorce decree actually transfer property? If awarded property in a divorce, then sometimes people wonder if the court order actually transfers the property. The answer to that is it really depends. It depends on the type of property we’re talking about. If speaking about real property like a house, then what one needs to do is transfer title by having the other person sign the deed.
If one wants to transfer the property from one person and out of their name, then an actual new deed has to be signed. The same thing applies to motor vehicles or things of that nature. Motor vehicles, four wheelers, boats, things of that sort, one will also need to get the other person to sign the title to the property. Anything where it has actually a written title, then one is going to need to sign a title from one person to another. Now, some things are not necessarily going to have to have anything signed over.
For example, clothes and television and other things that are not necessarily going to have a paper trail, then one doesn’t have to transfer those things by way of deed or other written instrument or document. Now, sometimes you can just take the decree down to the DMV, but it’s really going to be largely dependent on the state, whether it’s West Virginia or another state as to what their specific requirements are. The best option either way and the safest option is to have the other person actually sign the title.
If one has any problems with the other person signing any kind of deeds or other titles to transfer property, then they can seek and obtain the help from the court. Usually there’s some language that’s in a final divorce order that says both people have an obligation to comply and cooperate in terms of signing titles and property and so forth. In the event that the person just plain refuses to sign, there are remedies you can seek from the court as well.
