Legal Question in Family Law in California

I built my house in 1987 & lived in it alone for about 1 1/2 years. Got married in 1989, shortly thereafter I signed a quick claim deed with my new wife.

Now 20 years later we are divorcing, am I still entitled to my equity in the house that I had BEFORE we were married???


Asked on 7/22/10, 1:58 pm

2 Answers from Attorneys

It is impossible to even begin to answer your question. A quit claim (not quick claim) deed is like any other deed. It cannot be "with" someone. It must be from someone to someone. It can even be from and to yourself if you are changing how title is held, but it cannot be "with," because that leaves us with no idea who gave something up and who got it.

Even if that issue were resolved, however, we still can't answer it without reviewing the financial dealings of your household from then until now. Even if you had sole or no ownership following the quit claim deed, that could well be changed by subsequent events.

Read more
Answered on 7/22/10, 5:22 pm
Anthony Roach Law Office of Anthony A. Roach

If you put title to property in joint names, there is a presumption that title jointly held is community property. But as Mr. McCormick said, it is hard to understand what you did with the quit claim deed. I cannot tell whether you quit claimed it to her and you, or to her alone, or to someone else, etc. I would need other information as well, such as whether you have a written prenuptial agreement or postnuptial agreement, and what the deed exactly says.

Read more
Answered on 7/23/10, 11:12 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California