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my husband quitclaimed our house to me as a gift about a year ago because he made financial mistakes and did not want me to suffer. He has now filed for divorce. I have checked with two separate attorneys and have conflicting answers. One says the property is mine free and clear; the other says Moore Marsden ( really do not underdtand this) converts the property back to community property even though the quit claim says "sole and separate property." Which is correct inCalifornia?

smithsussane · Posted: Tue Dec 29, 2009 11:52 pm Post subject:

Hi Crystal!

Welcome to forums!

As the property has been quitclaimed to you by your husband and is presently in your name, then you are the sole owner of it. It will not be considered as a part of the community property. Check out a discussion on this topic from the given page:
http://www.mortgagefit.com/california/quitclaim-divorce.html

To know the Moore Marsden Rule, check out the given page:
http://www.mortgagefit.com/know-how/mooremarsdenrule.html

Feel free to ask if you've further queries.

Sussane

gunzijjistaff · Joined: 07 Apr 2009 Posts: 712 4.51 Dollars($)

If only your name mentioned on deed as a owner, Then you are single owner of property. As you say your husband signed quit claim deed, be confirmed about that, is this deed recorded in country record. if it is not recorded in country record its not considered as a legal documents. And as smith says if you presently sole owner of property that means this property will not be considered as a community property.

Thanks & Regards.
gunz.ijjistaff

Posted: Fri Feb 05, 2010 10:31 pm Post subject:

Been out of commission for awile. Can anyone let me know how Moore Marsden plays in the sole and separate property? I have been told both ways that it doesn't matter and that it does. Please help ! I need some advise

adonis · Posted: Sun Feb 07, 2010 11:00 pm Post subject:

Hi Guest,

Moore Marsden rule comes into effect in case of community property. If has nothing to do with the separate property. To know more about the Moore Marsden rule, check out the link given in Sussane's post.

Guest

I have been married for 30 years and my husband quitclaimed the house to me in 2007 and now has filed for divorce. I am told Moore Marsden still applies even though he filed a quit claim please advise!!!!!

smithsussane · Posted: Thu Feb 11, 2010 9:47 pm Post subject:

Hi Cyrstal!

Welcome to forums!

If your husband has signed a quit claim deed and transferred the property to you, then it will be considered as your separate property. I don't think the Moore Marsden Rule would apply in this case. However, you should speak to an attorney in this regard.

Feel free to ask if you've further queries.

Sussane

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Moore Marsden Divorse and Quit claim