Legal Question in Family Law in California
Interspousal deed
My husband and I are going through
divorce. During the marriage, he
tricked me into signing an
interspousal deed on our family home
stating it was for refinancing
purposes and not to worry that he'd
would later transfer into our family
trust which made it a jointly held
property. He now says it is his sole
sep property and is the only one on
title. What is my interest in our
family home? Can I fight this
deception he pulled?
3 Answers from Attorneys
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.