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?


Asked on 4/11/09, 5:20 am

3 Answers from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

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.

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Answered on 4/13/09, 2:53 pm
James Chau Law Offices James Chau

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/

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Answered on 4/11/09, 1:01 pm
Garrison Klueck Law & Mediation Offices of Garrison Klueck

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.

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Answered on 4/13/09, 10:00 pm


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