Posted on: 26th Oct, 2006 08:41 pm
California.
my wife and I are getting divorced and apparently i signed a quit claim when we purchased our home.and was told to just sign it so we could purchase the house and it was a community state property anyway. I did not realize it was a quit claim but a real estate document of some type. I had sold mine condo and used the proceeds to purchase the home along with hers. after 5 years of marriage. She is filing and claiming I have no community property to call my own out of the house.
can I fight this?
my wife and I are getting divorced and apparently i signed a quit claim when we purchased our home.and was told to just sign it so we could purchase the house and it was a community state property anyway. I did not realize it was a quit claim but a real estate document of some type. I had sold mine condo and used the proceeds to purchase the home along with hers. after 5 years of marriage. She is filing and claiming I have no community property to call my own out of the house.
can I fight this?
hi dmac,
in your situation, you need to know exactly what document you have signed, whether it is a quit claim deed or a real estate document. if you have signed a quit claim at the time of purchase, then it might have been done in order to transfer the ownership interest in property from the seller to you (the buyer).
under the california laws, any property acquired during marriage is regarded as community property. if your wife wants to show that the house is not a community property, then she needs to prove that you willingly transmuted the community property to separate property.
i believe you have a fair chance of willing in case your wife calls upon a court action in order to get the property in her name itself.
thanks,
sara.
in your situation, you need to know exactly what document you have signed, whether it is a quit claim deed or a real estate document. if you have signed a quit claim at the time of purchase, then it might have been done in order to transfer the ownership interest in property from the seller to you (the buyer).
under the california laws, any property acquired during marriage is regarded as community property. if your wife wants to show that the house is not a community property, then she needs to prove that you willingly transmuted the community property to separate property.
i believe you have a fair chance of willing in case your wife calls upon a court action in order to get the property in her name itself.
thanks,
sara.
Hi,
In addition to what Sara has said, let me share some more information. A quit claim deed can be used to transfer property.
But before title presumption can be used to say that the property has become a separate property, a person has to overcome what is know as presumption of undue influence from Family Code - section 721(b).
A person has to prove that the spouse has quit claimed with complete knowledge of the affect of the quit claim deed transfer.
Thanks
Colin
In addition to what Sara has said, let me share some more information. A quit claim deed can be used to transfer property.
But before title presumption can be used to say that the property has become a separate property, a person has to overcome what is know as presumption of undue influence from Family Code - section 721(b).
A person has to prove that the spouse has quit claimed with complete knowledge of the affect of the quit claim deed transfer.
Thanks
Colin