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Post-Dissolution Disputes Involving Neglected Assets and Liabilities

By Laura Sell and Janay Fergusson
January 30, 2008

There is a sense of finality when the dissolution decree is entered with the court. Those of us who practice a steady diet of family law realize, however, that entry of the decree means the divorce process is over for the client, but the attorney is not yet done with the case. More often than not, there are additional tasks that must be completed before the case can be closed. These may include: entering and processing orders; dividing retirement accounts; recording quitclaim deeds or other documents necessary to transfer ownership of real property; and recording promissory notes, deeds of trust or other documents to secure monies owed and not yet paid.

In addition to the tasks typically allocated to the attorney, there are tasks that could be ' and often should be ' allocated to the client: notifying title insurance companies that title to real property has passed; notifying creditors to close accounts and/or remove the other spouse's name; transferring title on automobiles and other vehicles; changing names on bank accounts and other accounts; changing beneficiaries on life insurance policies, retirement accounts and other assets; and removing the other spouse as a named insured on homeowner's and auto insurance policies.

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