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Step 1 - Basics

Change Title of Property

 

You will learn:

 

             1.  What this process does.
             2.  When you are allowed to file.
 

 

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Icon of document being changed by a pencil.

1.  What Happens

 

The case is reopened to have the Clerk sign to transfer (change) the title of property.

 

The title change can be for:

  • real property, like your house,
  • personal property, like your car, or
  • other property you own with a title.

 

The Clerk of the Court can sign the title instead of the other party.

 

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2.  Can you File?

 

When Can You File?

All of these must be true:

  • The Court ordered you to have ownership to certain property.
  • The Court ordered the other party to take action, like signing over the title.
  • The other party refuses to sign.
  • The other party refuses to do an act required by the Order.

 

**Note: The other party must have been given the time and chance to sign over property.

These are the qualifications that give the Court jurisdiction.

Who Can File?

 

  1. The party who needs the title to property changed.

 

These are the qualifications to give someone standing.

 

What do you need?

You must have a signed court order that says:

  • you have the right to the property, and
  • description of the property

 

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3.  Terms

 

Motion for Clerk of Court to Transfer Title

 

The formal legal name for this type of request.

 

Real Property

Land, and all things attached to it, like a house.

Personal Property

Someone's belongings, like a car or money in your bank account. 

Title 

A legal right to ownership of property.

Jurisdiction

 

The legal qualifications needed for a Court to help you.

 

Standing

 

The legal qualifications needed for a person to start or participate in a case.

 

 

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4.  Be Kind

 

Do No Harm

 

Avoid Emotional Harm
  • Don't talk badly about the other parent in front of the kids.
  • Don't harm the children's relationship with the other parent.

 

Decision Making
  • Intense emotions can cloud your thought process.
  • When emotions take over, it takes 20 to 30 minutes to calm down.
    • Take that time before making choices.  Or,
    • Wait until the next day to make a legal decision.
  • With a calm mind, you can make decisions that are right for your family.

 

A Time of Stress

 

Find productive ways to manage your:

 

Stress
  • Get organized
  • Eat well
  • Get rest, and
  • Exercise.

 

Emotions
  • Develop a support system of adults.
  • Find positive ways to deal with tough emotions.

 

Disappointment
  • You won't get everything you want.
  • Get legal help, if possible, to make realistic requests.
  • See that the Court has to make difficult decisions.
  • Find ways to express your emotions that do not harm your family.

 

 

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Next Steps

 

Next  –     FIle the Case  or    Respond to the Case

 

Go To  –     Case Overview