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About 4 years ago my husband quit claimed our house to me. Now he file for divorce. California is a community property state and he says the quit claim won't hold up in a divorce that the house goes back to community property. Is this true?

adonis · Posted: Wed Dec 16, 2009 7:58 pm Post subject:

Hi Francine,

As far as I know, an interspousal transfer deed is used in case of a community property state in order to transfer property from one spouse to another. As a quit claim deed has been used in this case, there are chances that the house will go back to the community property. However, I would suggest you to contact your real estate attorney and take his opinion in this regard.

Guest

What if he said it was a gift?

jameshogg · Posted: Thu Dec 17, 2009 8:26 pm Post subject:

Hi Francine,

As there is a quit claim deed which states that the property was transferred to you as a gift, I think you'll be able to claim the property. However, consulting a real estate attorney in this regard will be a better option.

Thanks

Guest

That is encouraging. Any other thoughts?

Posted: Mon Dec 21, 2009 12:28 am Post subject:

I think you should go by the suggestions that you've received here. You should contact an attorney. A legal expert will be able to help you in a better way.

jheard · Posted: Mon Dec 21, 2009 10:16 am Post subject:

If he quitclaimed his property interest to you, it is yours and not part of community property.

gmakerley · Posted: Mon Dec 21, 2009 10:37 am Post subject:

i'm so glad you wandered in Joshua...when i read this post originally, i felt that would have made sense, but community property is something i know nothing about, so i kept my mouth shut. thank you for the clarification. Happy Christmas!

Guest

Anyone from California whi can chime in?

Guest

I guess the laws would be same in California regarding community property. Once a property is quit claimed to you, it's your property.

gmakerley · Posted: Wed Dec 23, 2009 9:57 am Post subject:

i believe that was the tenor of Joshua Heard's post; that the rule is universal regardless of location.

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Quitclaim and divorce