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can a spouse quit claim interest in community property without notifying other spouse?

Posted on: 22nd Jun, 2010 05:00 pm
my step father quit claimed his interest in his and my mothers home to his daughter without my mothers permission or knowledge. Both are deceased now. does daughter have valid claim to community property (home in CA)
Hi ssegal,

As your mother had ownership in the property, your step-father should have taken her permission and signatures while transferring the property in his daughter's name. If the property deed is already in the name of the daughter, then she presently has the sole ownership of the property. You can contact an attorney and take his opinion as to whether or not you can challenge the property deed.

Thanks
Posted on: 22nd Jun, 2010 08:55 pm
both mom and step dad are on the deed as owners, can step dad transfer his share to daughter without spouse permission? will quit claim be valid without mom signature?
Posted on: 23rd Jun, 2010 07:25 am
Hi,

As per my knowledge since the property is in joint name your step dad and sign a quitclaim deed and transfer his rights to his daughter. You can consult with a good attorney to check it out.
Posted on: 23rd Jun, 2010 10:57 am
I own some properties with my husband. We both pay monthly payments for those loans. He asked me to sign a quitclaim on two of those properties. How can signining these claims affect me in case we get a divorce or he passes away? We file taxes jointly
Posted on: 12th Jul, 2010 10:31 am
Hi Nina,

If you sign the quit claim deed and transfer the ownership of the property to your husband, then you won't remain the owner of the property. Thus, in case of a divorce, you won't be able to claim those properties. If your husband passes away, then you will have to file an affidavit of heirship at the county recorder's office and get the property transferred in your name.

Thanks,

Jerry
Posted on: 13th Jul, 2010 03:33 am
You should definitely consult an attorney about this. Depending on the laws in your state, your step-father might be able to quit claim *his* interest in the house but perhaps not your mothers. A lot will depend on local laws and you should seek out some competent legal advice.
Posted on: 14th Jul, 2010 12:52 pm
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