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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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can a judge award full ownership of a house that has a joint

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can a judge award full ownership of a house that has a joint tenency surviorship warranty deed in a divorce by giving that former spouse a clerk's deed in alabama? The deed states, TO HAVE AND TO HOLD, together with all and singular the rights, tenements , hereditaments and appurtenanes thereunto belonging, or in anywise appertaining, unto the Parties of the second part for and during their joint lives as joint tenants and unto the death of either of them, then to the suvivor of them in fee simple.
Thank you for your question. I will do my best to assist you with your concerns. If you would like me to clarify my answer, I will be happy to do so.

To answer your question, a judge CAN indeed create such an order and can request that one party obtain full ownership. It would still be up to the other person to formally sign over the property, however; if that person fails to sign the deed over, the first party would be able to pursue a contempt of court petition and compel that person to comply with the court's request.

Good luck.


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