Legal Question in Family Law in California

If a couple who is (not legally) separated wishes to transmutate joint property to the other spouse (who dwells in the property), could they make it retroactive to the separation date so as to protect their credit?


Asked on 8/26/09, 5:17 pm

1 Answer from Attorneys

Larry L. Doan Law Office of Larry L. Doan

Well, you could put the date of transfer on the deed as a date in the past, but the recording of the deed is later when you actually record it with the County Recorder, and in regard to creditors, the recording date would take priority as to whatever you're trying to do, e.g., trying to avoid certain creditors placing liens or levying the property. Also, not sure how it would protect the couple's credit as you think.

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Answered on 8/27/09, 5:01 am


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