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SPERATED FOR OVER 6 YEARS

Posted on: 25th Jan, 2007 01:46 am
ME AND MY HUSBAND HAS BEEN SEPERATED FOR OVER 6 YEARS I HAVE BEEN LIVING IN NEW MEXICO AND HE HAS BEEN LIVING IN CALIFORNIA
HE HAS STARTED PRESEEDING FOR A DIVORCE. HE IS PURSHASING A HOME AND THE TITLE COMPANY WANTS ME TO SIGN A QUIT CLAM OR ESCROW WILL NOT CLOSE AM I INTITLED TO ANYTHING DO I HAVE A CLAIM OVER THE HOUSE? IF I DO NOT SIGN THE QUIT CLAIM IS THERE ANYTHING HE CAN DO???
hi aqsonline,

welcome to the forums.

california is a community property state and you may have a marital interest on his property since the divorce isn't over yet. it doesn't matter if you haven't bought the house. your husband wants you to sign a quit claim deed and transfer whatever interest you may have on the property to you.

if you wish to have an interest in the property, it is better not to sign the deed.

you may consult your lawyer and seek further advice on this issue.

thanks,

sara
Posted on: 25th Jan, 2007 02:32 am
Aqsonline,
" IF I DO NOT SIGN THE QUIT CLAIM IS THERE ANYTHING HE CAN DO???"
He can not force you to sign the quit claim deed and can not do much to take ownership of the house without your consent to it.

As he has started the divorce proceeding, how the property will be divided among you two will be decided by the court. If in case you sign over the property to him then you will loose all your rights over it. So it is better not to sign on anything and wait for the court to decide about the property division.

Colin
Posted on: 25th Jan, 2007 11:32 am
"HE IS PURSHASING A HOME AND THE TITLE COMPANY WANTS ME TO SIGN A QUIT CLAM OR ESCROW WILL NOT CLOSE"
It is true that title company requires the other spouse to transfer any interest he or she has over the property before a loan is approved. But what you will gain from it? On the otherhand he is giving you divorce and by signing the deed will have no rights left over the property.
"AM I INTITLED TO ANYTHING"
If you are not interested to have any claim over that property then before signing the quit claim ask for your share of interest in the home and if he is not willing to, then don't sign on anything. As per laws you are not required to transfer the home to him, be assured of that.

Thanks
Blue
Posted on: 25th Jan, 2007 11:44 am
You do not have rights or claims against that property you have been separated for over 6 years living in separate homes. Now he is purchasing this home you DO NOT HAVE ANYTHING. SORRY. You can give him a hard time by not singing. You are defenetly not obligated to sign. This is your situation please read. "Separation" within the meaning of Ca Fam § 771(a) requires more than a rift in the spouses' relationship. The date of "separation" occurs only when the parties have come to a parting of the ways with no present intent to resume their marriage and their conduct evidences a complete and final break in the marital relationship. Now if you where not separated for 6 years remember six year is considered separated in addition to that you where living in new Mexico and your spouse in California, and you had no intensions of getting back together that is covered by Ca Fam § 771(a). Now if that house was purchased while you and your husband were together then you have something. The law is the law. Community property does not apply in this situation.
Posted on: 25th Jan, 2007 01:38 pm
You have been separated for 6 years. You and your spouse lived separate lives I'm sure you redone your life. If you do not sign its simple he will not be able to purchase the home. I am sure that he will not want you on the title. He can wait until you are divorced then he will not need your signature for anything. Why wouldn’t you want to sign remember you are not entitled to that house you have been separated. You can play hard nose and give him a hard time. Just move on with your lives. If you wanted to purchase a house after 6 years of being separated and you asked him to sign you would expect him to sing you would figure.. hey we have been separated for 6 years why would he be entitled to that house. Even if escrow did not require a quit claim legally you would not be entitled to that house. Have some decency don’t try to get something for nothing and sign. Just my opinion Thanks for letting me express my thoughts. And this is true …
Separation" within the meaning of Ca Fam § 771(a) requires more than a rift in the spouses' relationship. The date of "separation" occurs only when the parties have come to a parting of the ways with no present intent to resume their marriage and their conduct evidences a complete and final break in the marital relationship.
Posted on: 25th Jan, 2007 02:09 pm
I too feel that you cannot claim any interest in the house since it has been bought after separation. Marital property actually refers to all property acquired after the date of marriage and prior to any separation. Hence you will not have any interest in property.
Posted on: 25th Jan, 2007 11:35 pm
Hi AQSONLINE,

Your situation reminds me of an incident that my friend came across. My friend, Roger separated from his wife Helen prior to filing divorce; it was a three year separation. After which his wife file divorce in Arizona as she had started working there.

Roger continued to work in California for the three year separation. Now California has a rule that terminates the concept of community property once a marriage is defunct. But Arizona continues to support accumulation of community property.

Roger argues that the post-separation earnings were separate as stated by California law. But his wife argued that it should be regarded as community property in Arizona. However, the Arizona property applied its own law and concluded that post-separation earnings acquired by each should be regarded as community property.

In your situation, the divorce is likely to be filed in California and as followed by California law post-separation earnings are separate property. Therefore, I feel that the property bought by your husband in California itself will not be regarded as community property and hence you cannot claim any interest in it.

It is not clear to me as to why the title company wants you to sign over a quit claim deed. It is better that you ask your husband for an explanation and if not satisfied, consult an attorney and then take the right step.

Thanks,

Caron.
Posted on: 26th Jan, 2007 12:02 am
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