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How can I keep my right for a house?

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Daria

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Post Posted: Fri Apr 15, 2011 1:34 pm    Post subject: How can I keep my right for a house?
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Hello.
Five years ago, just after our wedding ceremony, my husband and his parents bought a house in the state of California. I was asked to relinquish my interest by signing Interspousal Transfer Deed and from what I’ve heard my husband holds the title as A Married Man , Sole and Separate Property.
Currently I am back to my home country visiting my parents. Meanwhile, my husband is trying to refinance the house and has just asked me to sign the Power of Attorney with non borrowing spouse at the American Embassy in my home country.
As far as I understand I lost any right for the house when signed Interspousal Transfer Deed. But my husband says that by signing A Power of Attorney with non borrowing spouse I will get my name back to the title. Is he correct?

Sincerely
Daria
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Joined: 25 May 2010

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22.70 Dollars($)
Post Posted: Sat Apr 16, 2011 2:01 am    Post subject:
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Hi Daria,

Welcome to Mortgage fit,

I suppose that property is located in the California.

You are resident of California and you are legally married (with documentary proofs) to your husband...

If all the above mentioned conditions are true then surely I guarantee you that you will get your 50 % equity in the house.All the property after marriage has to be distributed equally amongst the spouse..as per California Law.

California being one of the community state,all the proceedings of the property are equally distributed between husband and wife.I don't think that you should sign a power of attorney to him.Although you have signed the inter spousal deed,you can still dispute it in the court and retain your right to inherit your share in the property....

Your husband and his parents may be trying to protect their own interest but if you sign the power of attorney over to your husband,you will be loosing all the chances to keep your share..

I will suggest you to take a help from an attorney from California in this regard..He/she will be able to guide you in more specific manner to you.

for further information related to finding a lawyer in your area you may refer this California state government website...

http://www.courts.ca.gov/1039.htm

Feel free to ask any further query if you have....

DIPA

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