Legal Question in Family Law in California

California Divorce vs Real Estate Property

My Aunt is planning to file for divorce from her husband of 30 yrs. During their marriage they purchased a house together. A couple of years ago (approx 4 to 5) he decided that he wanted to move back to Mexico. He wanted money out of the equity of the house and said her would sign a quick claim giving her all rights to the house. The quick cliam was notorized and filed with the County Registra . Now he is threating to go after the property in the divorce settlement. Can he do this? And what would be her options in order to protect her property?

Asked on 2/23/07, 5:50 pm

1 Answer from Attorneys

Damian Nolan Law Offices of Damian M. Nolan
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Re: California Divorce vs Real Estate Property

By signing a Quitclaim Deed the husband did not necessarily give up his rights to the family home.

Your aunt should retain an attorney to assist her. There is case law on both sides of the argument - your aunt will probably be citing "Matthews."

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Answered on 2/26/07, 2:28 pm

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