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My wife and I got married 8 years ago and live in Nor Ca. At the time our marriage I owned 2 pieces of property in Ca. Shortly after our marriage ( less then 1 year) I sold one of the pieces of property and invested the money into another. At the time of the sale and purchase my wife said she wanted nothing to do with my investment and didn't want to be responsible for the debt. With that in mind she agreed to sign an Interspousal Transfer Deed. About three years into our marriage I sold the other piece of property and my wife said the same thing about that one so I asked her to sign another Interspousal Transfer Deed and she did. Both times the Interspousal Transfer Deeds were notarized, filed with the county and have detailed descriptions of the properties locations. During the term of our marriage my wife and I kept separate checking account and she never contributed one penny to either piece of property. We are now getting a divorce and my wife feels that she has a right to half of the equity that is in both pieces of property.

Does an Interspousal Transfer Deed help me in this situation under Ca. Family law.

Does my soon to be ex-wife have a right to half of the equity?

Both deeds of trust and Interspousal Transfer Deed say a married man as his sole and separate property, does that make a difference or help me in anyway?

What about the property I owned before I got married and sold while I was married, do I get the equity back on that property?

Thank You for your support.

jameshogg · Posted: Sat Oct 24, 2009 12:08 am Post subject:

Hi jakethesnake,

As your wife had signed the interspousal transfer deed, she had given away all her rights to the property to you. It will be considered as your sole and separate property. She will not be able to claim anything from the property legally. If she is forcing you to give her a share from the equity, you can contact an attorney and take legal actions against her.

Thanks

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