Legal Question in Family Law in California

Interspousal Transfer Grant Deed

My wife signed a Interspousal Transfer Grant Deed to my property when we bought the house after marriage. Only my name exists on the title as a married man and his sole separate property. Now I am in the midst of a divorce and would like to know if the transfer grant deed protects me. The grant deed mentions that she has granted all community interest and title to me (the grantee). I believe that transmutation has occured legally, however can she still claim any community interest since the mortgage was paid from community funds? If so, how do I compute the community interest? I appreciate any guidance you could give me in this matter. Thanks very much!

Asked on 5/24/05, 1:55 pm

1 Answer from Attorneys

Brian Levy, Esq. Law Office of Brian Don Levy

Reply: Interspousal Transfer Grant Deed

In a general sense, it is possible to set aside the transfer deed. In a general sense, transfers between spouses are suspect to say the least, and are not necessarily valid and binding. The questions you raise ar based upon very complex issues, and can not be answered based upon the limited information that you have provided.

For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various California family law issues by visiting my web site.

Good luck to you!

Brian Levy, Esq.

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Answered on 5/24/05, 4:51 pm

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