my daughter purchase house in 2002, ans she let us stay with her. on 2004 she refinance the house and her income was not enough and they included me on grant deed.the lender have a documents that my husband signas follows: documentary transfer tax is $none, a bonafide gift & grantor recieved nothing in return r&t11911.for a valuable consideration, receipt of which hereby acknowledged, mark--name removed-- a married man hereby grant(s) to--name removed---name removed-- a married woman as her sole and separate proerty and lucas a single woman, as joint tenants.
my husband signed the documents and now he filed divorce and he said it is community property. would you please enlighten me if this property fall into category of community property? if the grant deed he signed waived his rights to the said property? thanks
2 Answers from Attorneys
To respond more facts are required. The statement that it was a gift will be difficult to overcome in court. Because if the value of the real property you should retain an attorney to assist you.
There are several issues involved in this case.
There is the issue of whether either you or your husband have an interest in the property. If so, then there is the issue of whether there is a community interest - notwithstanding your husband signing the grant deed.
In family law, there is a presumption of undue influence when one spouse signs over property to the other. The spouse who benefits has the burden of showing that she did not exert undue influence over her spouse.
This is a complicated area of the law and I strongly advise that you retain an attorney to help you.
Damian M. Nolan