In divorce proceedings, identifying and valuing real estate holdings is crucial for equitable distribution. Ownership reports provide a concise, research-backed summary of title vesting, liens, mortgages, and other encumbrances affecting property rights and value. For family law attorneys, these reports are powerful tools to uncover hidden equity, joint ownership, or undisclosed property interests.
What Is an Ownership Report?
An Ownership Report is a title research product that summarizes:
- Current vesting and ownership interest
- Chain of title (including past transfers)
- Open mortgages and lien positions
- Legal description of the property
- County-assessed parcel data
- Exceptions such as easements or restrictions
Unlike a full title commitment, it is non-insurance and typically used for due diligence, litigation, or investment analysis. At Abstract Authority, these reports can be enhanced with tax history, document copies, and zoning overlays.
Key Uses in Divorce and Family Law
1. Establishing Ownership Interest
An ownership report helps confirm:
- Whether the property is held individually, jointly, or in a trust
- If tenancy by the entirety, joint tenancy, or tenancy in common applies
- Whether transfers occurred during the marriage (potential dissipation claims)
Example: If one spouse deeded the property into a trust without disclosure, the chain of title will reveal the transfer and raise flags for asset concealment.
2. Assessing Marital vs. Non-Marital Property
Ownership reports include deed history, allowing counsel to:
- Trace acquisition date relative to marriage
- Identify inheritance or gifted transfers
- Verify if title was ever retitled into joint names
Tip: A title transfer from one spouse to both during the marriage may indicate transmutation of separate property into marital.
3. Calculating Homeowner Equity
Equity = Market Value – Total Liens
Ownership reports list:
- Open mortgages with recorded principal amounts and dates
- Judgments or liens (mechanics liens, IRS, child support liens)
- Document numbers for verification in county records
While these do not show the current payoff balance, they approximate debt burden and position of each lien, which helps attorneys:
Estimate real equity
- Argue for reimbursement claims or offsets
- Identify property available for lien enforcement
4. Uncovering Hidden or Unlisted Properties
A report can identify:
- Properties titled in one spouse’s name only
- Recent quitclaims between spouses or third parties
- Use of LLCs, land trusts, or nominee owners
- Cross-checking these reports with public tax roll databases and name variations (e.g., maiden names) increases the chance of discovering undisclosed real estate assets.
5. Preparing for Equitable Distribution or Settlement
Ownership reports are:
Court-admissible as supporting exhibits
- Useful for mediation, valuation, or property division worksheets
Efficient for client consultations and early-stage discovery
Attorneys can leverage these reports to:
- Flag property manipulation
- Identify out-of-state holdings
- Assist experts with accurate valuation and appraisal scope