Legal Question in Family Law in California
are deeds to property void so my ex can cheat me
During the course of my 12 year marriage,I signed quit-claim deeds to property to my husband ''without consideration'' so my husband could conduct business for us. He stated I would not have to go to escrow to sign all kinds of papers. I would sign these types of deeds on a regular basis before the property would even close escrow.I would sign whatever was put in front of me.The quit-claim deed would always say ''no consideration family transfer.'' I am afraid he will say that I signed my rights away. I have heard of a legal term called ''void ab initio'' which I understand to mean void from the beginning. Could this term be applied to these deeds if he claims I signed my rights away?
4 Answers from Attorneys
Reply: are deeds to property void so my ex can cheat me
In a general sense, the deeds you signed are probably not valid pursuant to Marriage of Haines, Family Code disclosure requirements and related issues of good faith and fair dealing.
For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various California family law issues by visiting my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
Re: are deeds to property void so my ex can cheat me
Your question are circumstances are far more complicated than can be fully explained to you over the internet on a message board. You should get a consultation with an atttorney of your own.
Re: are deeds to property void so my ex can cheat me
If those properties were purchased with community funds and your name was on title, it could very well be considered community property. If you were signing quitclaim deeds as a convenience, chances are the courts will see it as a conveniece too and not as a waiver of your community property rights.
You should see a lawyer if you are contemplating divorce to see what your rights are.
Re: are deeds to property void so my ex can cheat me
All property that is obtained during the marriage is community property unless it falls into one of the catagories that make it separate property. Generally that is property obtained by gift or inheritance. The burden would fall upon him to prove that the property was his separate property. The facts of your case will determine the outcome. Consult with an attorney to discuss the facts of your particular case. If he has control of all of the community assets, the court will order him to pay your attorney fees.
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