Legal Question in Real Estate Law in California
Quit Claim Deeds California
We married in 1977. While married we purchased a house in California in 1988. I signed a quit claim deed placing the property in my wife's name. I did this because I thought I would die first and it would simplify matters. Also, since she had more money than I had, I wanted to prove I didn't want her money. WE had no pre nuptional agreemant. I understand in California should the property be sold, it would be community property and half would be mine less the down payment she made. Am I correct?
3 Answers from Attorneys
Re: Quit Claim Deeds California
You have a problem if you want to claim the house as community property now. You would be well advised to seek counsel. For assistance, call me directly at 1.619.222.3504 or e-mail me at the address below.
Re: Quit Claim Deeds California
I disagree with the previous posts. The quit claim deed can be set aside if it did not comport with California's laws on transmutations. If it was a simple "quit claim" deed, it can be set aside.
There is a special spousal quit claim deed, that complies with California's transmutation laws. There is language required to be in an interspousal deed to make it valid. I would have to look at the deed you signed to make this determination.
Very truly yours,
Re: Quit Claim Deeds California
It is not community property if you quit claimed it to your wife--in essence, your quit claim deed operated to waive any claim you might have had. She can sell it free of having to pay you anything. You can always try to file a lawsuit to set aside the quit claim, but that is an uphill battle.
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