Quitclaim and divorce

Posted on: 16th Dec, 2009 06:10 pm

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?

Total Reply : 10

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.

adonis

Posted on: 16th Dec, 2009 06:58 pm

What if he said it was a gift?

Anonymous

Posted on: 17th Dec, 2009 12:16 am

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

jameshogg

Posted on: 17th Dec, 2009 07:26 pm

That is encouraging. Any other thoughts?

Anonymous

Posted on: 17th Dec, 2009 11:54 pm

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.

Anonymous

Posted on: 20th Dec, 2009 11:28 pm

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

jheard

Posted on: 21st Dec, 2009 09:16 am

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!