Legal Question in Family Law in California
appeal-family law rulings/findings
History: I inherited my mother's home as a single woman...$100,000 net value Then I get married. my spouse and I bought another home. Loan officer says I am not credit worthy; suggests I deed my home's equity to spouse. To record that there is a ''valuable consideration''due to me, On the transfer deed, I paid a transfer tax equal to the value of equity being deeded to my spouse. The loan docs show the value being mortgaged equals the equity came from my house, now in my spouse's name. Why is the the judge now ruling I am not entitled to be reimbursed for the original equity transfer. He also ruled that I am not entitled to half the community home because of a ''verbal post separation agreement'' that my ex said I would get the proceeds from the sale of my home if he could keep the community home. The sale of my home paid off 3 loans that were directly linked to the community home and community businsess. Proceeds from the sale did not net anything near the original equity transferred...did not even net anything close to half the equity of community home. The ''verbal agreement'' never took place; but judge rules on it anyway. what is going on here?
1 Answer from Attorneys
Re: appeal-family law rulings/findings
What is going on here? In order for you not to get reimbursed the equity of the transfer of your separate property inheritance, the judge has to find that there is a transmutation which requires a writing. Family Code � 850. So the papers on the transfer have to clearly reflect a transmutation, that has to be the judge's ruling. Next, a verbal post separation agreement is not valid. Code of Civil Procedure � 664.6. what gives? I hope you properly and timely filed your appeal. I am curious who the judge is.
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