Legal Question in Family Law in California
My brother bought out my half of an inherited home 6 years ago, right after he got married. The bank required his wife's signature to get the loan to pay me; the home was in a living trust and his payment was to the trust not me and I collected it from the trust. It was his sole property on the deeds. Now after only 6 years of marriage, she is claiming the house is community property. I fear his wife got him to quitclaim the half that was being financed in order for her to co operate; both of them put the home in a Trust Deed so the bank owns it. while he pays off the amount he gave me.
If he did the quit claim just to get her to sign (the bank would not allow the loan without her signature), does that mean she owns half the house with him now? He never wanted to give away any of it as it is completely inherited from my parents. I thought the only way any of it is community property for her is the equity built in the last 6 years, which is a lot less than the loan owed. She is claiming the house is community property in her response, and he has it listed in the divorce petition as separate property, which it was originally. I'm afraid he will now lose the house over this!
1 Answer from Attorneys
His lawyer should be dealing with this complex issue. If he doesn't have one, he needs one. There is too much to this to give any kind of valid answer in an internet Q&A format.
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