Legal Question in Real Estate Law in California

Not my property

I am now married, and somehow my name got on my husbands property deed. Does that mean then, that I am legally allowed to half the price when we sell? I ask this because he wants to refinance the property and put my name as co-lender. THe property was his only before we married in 2005


Asked on 3/25/09, 3:34 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Not my property

The only way your name could get on title is if it was intentionally put there by your husband, or in connnection with a refinance where you both were required to be on title to obtain the loan. In either case, you husband had to have signed over some portion of title to you for you to now be on title. As such, you do have a claim to title, but how title is held now will determine if it is half, or some lesser portion. He could have deeded you only a 1% interest, in which case that is what you are entitled to. You need to review the title information with someone who can advise you as to your rights - this forum is probably not the place to get a definitive answer to your question.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 3/25/09, 4:01 pm


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