What happens if common property is listed as separate property in divorce paperwork? The intent was for the property to go to the party listed as the separate property owner.
1 Answer from Attorneys
It depends on what you mean by divorce paperwork. If you mean the Petition for Dissolution of Marriage, then this is no big deal and is something that inevitably would be worked out by the parties in negotiating a settlement, or at worst at trial by the judge.
However, if you are referring to the Decree of Dissolution, and if this has been signed by a judge awarding a certain piece of property as one party's separate property, then this property would have been awarded to one spouse or the other as part of the judge's final orders.
I advise you consult local counsel to sort out the issue, or you can always repost here with additional details on which document exactly you are referring to.