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Oct 30 2015

SREDJ v. QCD: The Use of Summary Real Estate Disposition Judgments in Divorce Cases

As a family law attorney, I use Summary Real Estate Disposition Judgments (SREDJ) instead of Quit Claim Deeds to transfer title to property in marriage dissolution (divorce) cases to reduce costs and avoid the recording of Judgment and Decrees with the Recorder’s Office. The SREDJ serves the same purpose as a Quit Claim Deed, and actually exceeds the scope of a deed by serving to convey title to all parcels of real estate owned by the parties, even if they are in different counties.

The SREDJ is drafted by the attorney and submitted to the judge for signature after the Judgment and Decree has been entered. After the SREDJ has been signed by the judge, a certified copy is obtained and recorded at the appropriate Recorder’s or Registrar’s Office to effectuate the transfer of title. If more than one parcel has been transferred in the Judgment and Decree, the appropriate number of certified copies are ordered and recorded in each county. This way, only one recording fee is paid for each parcel and the Judgment and Decree does not need to be recorded. There is a lot of private information in a Judgment andDecree that does not need to be on file at a Recorder’s Office!

On the other hand, when a Quit Claim Deed is used, there must be a deed for each parcel, the former spouse needs to sign each deed, and a Judgment and Decree needs to be recorded with each deed. Obviously, the client is then paying twice the certified copy and recording fees as with a SREDJ.

In short, a Summary Real Estate Disposition Judgment is a much more cost-effective way to convey title in marriage dissolution cases and saves time in streamlining the signature process (judge vs. former spouse).

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