Legal Question in Civil Litigation in California
My mother, my husband and I owned the home I live in now. During my divorce, my husband signed a marital settlement agreement and signed the house over to me, signed a Grant Deed and it became mine and my mother's home as joint tentants. The divorce, however, was never finalized. My mother passed away, but I have not yet filed documents for termination of joint tentants.
I want to file a Declaration of Homestead because I've been sued. Do I file it married without my husband's signature or do I put him back on the property and simultaneously file the Declaration of Homestead.
I am beside myself on what to do. Please provide me with your answer as soon as possible. Thank you.
3 Answers from Attorneys
Please look at previous responses on this web site to questions about filing for a homestead. The protection is automatic but I believe either attorney Whipple or McCormick did mention one situation in which there might be some value in filing for it. If your ex-husband signed his interest over to you alone, that might be a termination of the joint tenancy ownership so you might have to probate your mother's assets to gain ownership of the entire house. That might temporarily work to your advantage as any judgment would go against your part of the and not hers if the final distribution occurs after judgment is entered in the lawsuit against you. However, once you got the house through the probate, that asset would then be subject to the judgment lien.
not proof read
The question I have is when was the deed recorded that created the joint tenancy. As I understand it, your husband signed a deed from you to your mother as joint tenants.
In addition to the good questions posed by Mr. Shers and Mr. Roach, I have others.
'You don't tell us what the lawsuit is about and who are the defendants (is your husband being sued too? Is it a claim for which you may have insurance? Is the lawsuit related to the house, or is the house merely an asset that you want to protect?) You also don't tell us why you believe a homestead will help you (it may not, and it may not be necessary at all if there is insurance coverage for the lawsuit).
In short, you need to consult a lawyer for advice on all of these questions and more.
Nothing contained in this communication is intended to be, or shall be deemed as, legal advice, counsel, or services to on or behalf of any person or any entity. Usage of the LawGuru website is not intended to and shall not create any obligation or relationship between the user and the Law Office of Herb Fox, including but not limited to, an attorney-client relationship. The Law Office of Herb Fox does not and cannot warrant that any communication through the use of this web site is confidential, and by posting your inquiry you have waived confidentiality for the purpose of my response. Finally, your situation may be governed by deadlines that may or may not have already lapsed, and you may lose your rights if you do or did not act within those deadlines.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
