Posted on: 08th Jun, 2010 01:14 pm
my mother owns a house free and clear, and had her husband sign a quit claim deed when she bought it. now she has left him but is reluctant to file for divorce for emotional reasons. on the other hand, he won't give her access to any of their joint money. can she rent or sell her house while they're still married and keep the money? or is the house considered part of community property even though it's in her name only? it's not covered in any trust or will.
Also, the state is California, and is a 2nd home, not the primary.
Hi magz,
As the husband has signed a quit claim deed and transferred the property to your mother, then she will be considered as the owner of the property. Though she is still married, she will be able to sell off or rent the property. As far as the joint accounts are concerned, she will have equal share in it. If the husband does not give her the rights to access that account, she can file a lawsuit against him for the same.
Thanks
As the husband has signed a quit claim deed and transferred the property to your mother, then she will be considered as the owner of the property. Though she is still married, she will be able to sell off or rent the property. As far as the joint accounts are concerned, she will have equal share in it. If the husband does not give her the rights to access that account, she can file a lawsuit against him for the same.
Thanks