Legal Question in Real Estate Law in California

Re: quit claim deed vs.grant deed

Which ever deed was recorded last transfers the property. Not the date of signing. But the date of recording is determinative. However, it'll be necessary to trace the source of the funds to buy the house, which appear from your facts to have been your separate property. And then the increase in value is probably community property. This is meant to suppliment the other attorneys' answers.

Re: quit claim deed vs.grant deed

The grant deed that you did is a valid transmutation under California Law. You are now both entitled to 50% ownership. The quitclaim has been superceded by the new interspousal transfer.

Sorry, but she is now entitled to 1/2 the equity.

Re: quit claim deed vs.grant deed

You should discuss the facts of your case with an attorney familar with family law. There must be a written document that states that the property is converted from separate property to community property.

The analysis of your case must start with the purchase of the property. What was the source of the funds used to purchase the property, and to pay the mortgage. Unless the property was purchased with your separate property, it is community property.

As you can see your question is quite complex.

Re: quit claim deed vs.grant deed

The more recent deed, the interspousal transfer, will raise a strong presumption about ownership of the property, i.e. that it is held as stated therein, probably as community property.

If you want to assert an ownership other than as reflected in the interspousal grant deed (and any other papers you and your then wife executed at the time, such as a transmutation agreement or any other formal post-nuptial agreement affecting your property), you will need to present strong proof to the family law court overseeing your dissolution proceeding.

The earlier quitclaim deed loses most of its significance except as a historical record once the later interspousal grant deed is executed and recorded. The later deed has the effect of showing a gift of your separate property to the marital community. At divorce, each spouse ordinarily receives one-half of the net community assets, which apparently now include the house.