Legal Question in Family Law in California
quit claim on community property?
Briefly, one year after marriage wife and I bought a house. I sold another
house, owned before marriage, and transferrred the funds to her (25% of
downpayment). Because of credit concerns, and simplicity, we bought house
in her name only, and I signed a quit claim deed making it her sole and
separate property, but did so with the understanding that it was a formality
only. I had no attorney advise me on quitclaim deed, only my trust in my
wife's words.
I can prove we acted as a couple in looking for, and negotiating the deal, and
I can prove selling my separate property and transferring the funds to her at
the time of purchase. I can also prove we acted as a couple when talking to
contractors about remodeling the house after the fact.
Since purchase, payments have been made with community property.
Now, during divorce, she is claiming house is 100% hers, as it is in her name,
and she signs all papers and handles bills, insurance, etc.
What are my options?
4 Answers from Attorneys
Reply: quit claim on community property?
In a general sense, the quitclaim deed may be voidable depending upon the particular circumstances. Your documents need to be reveiwed and evaluated.
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.
www.calattorney.com
Re: quit claim on community property?
Your best option and most reasonable is to get representation as you have too much to risk doing this in pro per. Call me directly at (619) 222-3504.
Re: quit claim on community property?
Believe it or not, your situation is not all that unusual.
Family Code Section 721 states that each party to the marriage has a fiduciary duty to the other. additionally, pursuant to the holdings in "The Marriage of Haines" and "The Marriage of Delany" there is a presumption of undue influence when one of the parties transfers a property to the other.
In any event, there is too much money at stake for you to attempt to litigate this matter yourself. The legal fees you save may very well prove to be false economy. I very strongly advise you to retain an attorney immediately to assist you.
Additionally, you should immediately file a Lis Pendens to protect the property.
If you wish to retain this office, please feel free to call us at 562/ 601-8133 and ask for Pam. Pam will be more than happy to discuss the matter with you.
Regards,
Damian M. Nolan
Re: quit claim on community property?
Show your proof re funds deposited and use of community in making payments. You should be entitled to your deposit back and half of community interest in equity if all facts stated are true.
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