Legal Question in Family Law in California

Re: Interspousal deed

The general rule is that property purchased during the marriage is community property. Assuming that the home was purchased during the marriage is would be presumed to be community. Also unless he had separate property with which to make the payments there is a community property interest in the house. Unless the value of the house has fallen so far that there is little or no equity in the family home you should retain an attorney to present you in this matter. This question is to complex to be answered over the internet. There may also be other assets in which your interest should be protected.

Re: Interspousal deed

You can still fight this, as long as you provide the evidence that it was for refinance purposes. Usually there is a presumption of community property for joint homes.

As always please consult an attorney prior to taking legal action. Good luck!

Law Offices James Chau

181 Devine St.

San Jose, CA. 95110

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com/

Re: Interspousal deed

This situation is more complicated probably than either of you presently imagine. The judge could rule, even if the transfer is deemed effective, that there are three different interests involved. The appreciation while the property was in joint name which would likely be community, the appreciation since being put in sole name which may be separate property and a community property reimbursement interest for payments made from community funds while the house is in sole name. Given the complxity, please consult and attorney and good luck.