That will depend on how the separation is structured. There are probably other contracts, relations, and tax issues, which are more important to deciding how to structure the separation, than any title insurance policies. You should be able to get an endorsement from the title insurance company confirming that the title insurance remains in effect in favor of whichever company is designated to hold the property. The title company should do this for free. Don't rely on an oral statement over the phone or an email. You need something from the title company with a signature on it.
If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business.
Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need.
Dana Sack
Answered on Jun 16th, 2015 at 2:00 PM