Few things are as helpful to Rhode Island Divorce Coaching
clients as a good story.
In Bridget's case, it wasn't until Bridge received some Post
Divorce Coaching that Bridget discovered that all lawyers are not equally
skilled or knowledgeable and that with a little bit of valuable coaching
information from an experienced Rhode Island divorce lawyer she was able to
accomplish on her own for only $200 what her divorce lawyer had failed to do
after being paid more than $5,000.
Though Bridget's Rhode Island divorce story may well be a
matter of public record, the names have been changed to preserve her privacy
and peace of mind as well as to protect any existing confidentiality through
attorney/client privilege that may exist.
Bridget's divorce was finalized about 1 ½ years ago. Bridget's husband had been arrested
during the divorce proceeding on some rather serious drug charges and was
sentenced to a period of incarceration.
Only two assets of significance existed in this Rhode Island
divorce proceeding. A retirement
account accumulated by bridget's husband and the house they resided in. Bridget's husband worked in Rhode
Island and was the primary financial provider for the home.
Without going into detail, Bridget's husband, who apparently
had fried a few too many brain cells on his own use of illegal drugs was
resistant to any divorce and kept having himself brought into court using a
Habeas Corpus to attend court from his incarceration to oppose Bridget and her
lawyer. Finally, after numerous
court appearances, Bridget's husband settled with her when he realized that the
court was of the clear opinion that it was his drug use and dealing that had
caused the breakdown of their marriage.
Bridget would get half of her husband's retirement account
and her husband would sign over his rights in the house they owned to Bridget.
The divorce was finalized and Bridget received half of her
husband's retirement account.
However, when it came to deeding over his rights to their home to
Bridget, he refused. Bridget tried
to take her husband back to court and force him to sign the deed per their
settlement agreement.
The Rhode
Island Family Court entered an order requiring Bridget's husband to sign over
his interests in the house to Bridget.
Bridget's husband still refused.
Bridget's divorce attorney tried to bring Bridget's husband into court
yet again. Unfortunately, before the next court hearing could be held,
Bridget's husband was granted work release from prison and he escaped.
Bridget had expended virtually all of the funds at her
disposal on her Rhode Island divorce and trying to force her ex-husband to sign
the deed giving her the entire house.
Bridget's Rhode Island divorce lawyer asked Bridget for another $1,000
to continue action to try to find her husband and force him to sign the
deed. Bridget could not afford it
and the attorney withdrew from representing her in the case.
Bridget was frustrated. She paid considerable amounts in attorneys' fees and still
did she not have the house that she bargained for in the settlement.
Bridget contacted me out of frustration and we met for a
single coaching session. Bridget
brought her documents with her including a certified copy of the Final Judgment
of Divorce she received from the Rhode Island Family Court and all orders that
had been entered by the court since her final judgment.
Bridget explained that she was entitled to have her husband
sign a deed to her transferring all right, title and interest to their
Coventry, Rhode Island home to her but that she and her former attorney were
unsuccessful in forcing her ex-husband to sign the home over to her and now he
had evaded authorities and was missing but she desperately needed to refinance
the home in her name to be able to get an affordable mortgage, otherwise she
would lose the house.
I read the Final Judgment and smiled. Bridget looked at me rather
strangely. I reminded her that my
minimum coaching appointment was for one (1) hour and asked her if she
remembered that. Bridget knodded.
I handed Bridget the certified copy of the Final Judgment of
Divorce.
I told Bridget, "Record this certified Final Judgment from
the Rhode Island Family Court in the Land Evidence Records for the Town of
Coventry and then go and refinance your house.
Bridget looked puzzled. I pointed to line 12 of the Final Judgment.
12) The plaintiff wife is awarded and assigned all
interest in the parties' marital home located at 74 Plantation Street in
Coventry, Rhode Island.
Then I showed Bridget a copy of the law at Rhode Island
General Laws §15-5-16.4 which reads as follows:
15-5-16.4
Judgment assigning real property - Effect.
Whenever the assignment of real property is ordered by the family
court pursuant to § 15-5-16.1 and the court directs that a deed, conveyance, or
release of any real estate or interest in real estate shall be made, the
judgment shall create an equitable right to its enforcement, subject to the
provisions for recording of notice in chapter 13 of title 34, in the party
entitled to the assignment by judgment; and if the judgment has not been
complied with at the time the judgment of divorce becomes final and the
judgment is subsequently recorded in the manner provided for in chapter 13 of
title 34, then the judgment shall operate to vest title to the real estate or
interest in the real estate in the party entitled to it by the judgment as
fully and completely as if the deed, conveyance, or release had been duly executed
by the party directed to make it.
Bridget
still looked puzzled.
Attorney
Pearsall: My coaching for you is
this Bridget. Your Final Judgment
creates an award and assignment of the home and property that you and your
husband own at 74 Plantation Street in Coventry, RI to you.
Under this
law, you have a right to enforce this judgment and since you have reached a
Final Judgment and your husband has not complied by transferring the deed to
you, then you just record your Final Judgment of Divorce in the land records in
Coventry and it transfers title of the real estate to you just as if you had
filed a deed signed by your ex-husband.
The
best thing you can do Bridget is to stop wasting your money chasing this guy to
sign a deed and just record a certified copy of your Final Judgment, show your
refinance company the recorded deed and this law and you should be all set.
The
coaching session lasted just under 25 minutes. Bridget left the coaching session, took the certified copy
of the Final Judgment to the Coventry Town Clerk and recorded it. Bridget was the validly titled
owner of the property in about 2 hours as compared to the one year her prior
attorney had chased her ex-husband for his signature at a cost of over $2,000
just to get a signature that wasn't needed.
Bridget
refinanced the house and deeded the property back to herself so it was in her
own name and title to the property would not be confused.
General
Rule: If the wording in your Temporary Order
of the Court following your divorce (i.e. your Interlocutory Decision Pending
Entry of Final Judgment) provides for an award and assignment of real estate from
one spouse to another, AND a deed transferring the the property to the
correct spouse is not completed by the time the Final Judgment is entered, then
recording a certified copy of the Final Judgment of Divorce operates like a
deed to transfer the property as intended.
Does
coaching help? Bridget thought so.
In
the end Bridget expressed disappointment that she hadn't found me a year before
so that she could have saved herself a good $2,000 or more simply because her
lawyer wasn't aware of this particular law.
Authored by: Christopher A. Pearsall, Attorney-at-Law
Call (401) 632-6976 Now
and
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Copyright 2009. Christopher A. Pearsall, Esquire
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