Buying a nice acreage property from a guy who was married, so her name’s still on the deed, divorce says it’s released upon sale, so I’m shorting it. I know it’s just a detail, but I need both to sign separate deeds to me (they’re divorced)? Should I have her Quit Claim (or Warranty Deed?) it to my seller, the guy, then have him deed it to me? Or get her to Quit claim (or Warranty?) deed it to me, him too, then I have both taken care of? Maybe I should try to get them both to come to my title company and sign at different times, have a check waiting there for each to make sure they show up? What’s the neatest/safest way to do this?
Either approach accomplishes the same thing in the end. You could also have each of them execute the same deed either at the same time or in separate sessions.
she should have quitclaimed it to him during the divorce. any competent divorce atty should have taken care of that already.
if that didn’t happen, what you should do largely depends on how friendly they are to each other.
if they are friendly, it’s easiest to have her quitclaim it to seller, and he can split the proceeds with her however they have worked out.
if they are not friendly, it’s probably best to have them each come to closing (at different times) so that they can both be paid out their respective shares directly from the title co. this avoids you being dragged into the middle of their mess.