Posted on: 02nd Feb, 2007 07:15 am
my future x husband signed a quit claim deed to our house to me, in front of a notary public, it was stamp and is now recorded at the county clerk recorder. i believe he hired a lawyer, he is saying since we been married for over 10 yrs he is entitled to 1/2 of the equity. i thought once he signed the deed, notarized & stamp, and recorded he can't go back and claim anything. i did not pressure him to sign the deed, i'm 5'2" and he is 6'8". i can't afford a lawyer, should i worry, i'm in the process of refinancing the house to get his name off. please advice.
Which state you are in? It may depend on whether it is considered community property or not as per state laws.
Linden
Linden
hi linden, thank you. im in california. please advice.
California is a community property state. If the house was purchased jointly after your marriage then it is considered as community property.
It will also depend on how the divorce court looks at the property transfer which was done using quit claim deed.
Hi Kim,
It's not necessary that both spouses will have to jointly purchase the home to own community property interest.
In community property states, for instance as in California, property purchased by either of the spouses after marriage is owned jointly by both of them and each spouse has community interest in property.
Thanks,
Sara
It's not necessary that both spouses will have to jointly purchase the home to own community property interest.
In community property states, for instance as in California, property purchased by either of the spouses after marriage is owned jointly by both of them and each spouse has community interest in property.
Thanks,
Sara
vicky,
you may own separate property after the quit claim deed. but you will need to prove that your spouse has legally and voluntarily signed the deed and that he is fully aware of the effect of the property transfer.
you can refinance the property in your name but for that i feel you should have your husband sign over a document stating that he has transferred his community property interest to you.
you may own separate property after the quit claim deed. but you will need to prove that your spouse has legally and voluntarily signed the deed and that he is fully aware of the effect of the property transfer.
you can refinance the property in your name but for that i feel you should have your husband sign over a document stating that he has transferred his community property interest to you.
my soon to be ex is divorcing me we were real estate investors, during our marriage, we had purchased many many properties, all in his name,he quit claimed 2 of his properties he had held prior to our marriage over to me now that we are divorcing and he has lost many properties in the down turn, he wants them back are they his in the eyes of the court?
Hi kathleen,
Since your husband quitclaimed the two of his properties to you, he does not have any ownership rights to those properties. He cannot get the ownership back until you sign it over to him. So, if the quitclaim deed was properly notarized and recorded, it is considered legally valid and you have the legal ownership to these properties.
Since your husband quitclaimed the two of his properties to you, he does not have any ownership rights to those properties. He cannot get the ownership back until you sign it over to him. So, if the quitclaim deed was properly notarized and recorded, it is considered legally valid and you have the legal ownership to these properties.