Legal Question in Family Law in California

Quit claim deed

When I bought my house 4 years age my husband signed a Quit Claim Deed

since he has been the provider and made the mortgage payments cam he

claim a right to my house if i sell


Asked on 6/16/06, 1:20 am

1 Answer from Attorneys

Mona Montgomery Mona Montgomery, Attorney at law

Re: Quit claim deed

GET A LAWYER. YOU CANNOT MAKE THIS ARGUMENT BY YOURSELF.

Please understand that I don't have enough facts to give you an intelligent answer so I am making some assumptions and if these assumptions are incorrect my answer will not apply.

I am assuming that the reason your husband signed the quit claim deed was to make it clear that the house was bought with your separate property and that he acknowledged it as such.

I am assuming that there was no written agreement when your husband made payments with his salary (which is community property).

I am assuming that your husband thought he was creating a community interest in the house and that you believed he was making a gift to you. There being no meeting of the minds, there was no agreement as to what effect your husband's donations had on the community.

CONCLUSION. You will be obligated to repay your husband 1/2 of the donations he made to your property.

Read more
Answered on 6/16/06, 4:53 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California