Escrow & Title

A West Virginia buyer's closing is delayed because the seller's divorce was recently filed and has not yet been concluded. The title company is concerned because:

ADivorcing sellers always have invalid title
BThe pending divorce may affect marital property rights and clear title until resolved✓ Correct
CDivorcing sellers must have attorney representation by WV law
DOnly the county assessor can clear title issues related to divorce

Explanation

A pending divorce involving marital property (including real estate) can affect title because the court may have authority to determine each spouse's interest. A title company will want confirmation that both spouses have consented to the sale or that the divorce is finalized before issuing a clean policy.

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