Legal Question in Family Law in California

During divorce proceedings, a subpoena revealed that my husband had submitted a false quitclaim to a lender in place of having me sign a quitclaim in order to refinance an existing loan for a home he owned prior to our marriage. For the entire duration of the marriage, the loan payments for both loans were made with community funds. I never signed the QC, nor did I know that he submitted a QC from a former spouse in place of mine. Do I have any legal rights in this matter? My email is [email protected] Thanks


Asked on 7/07/10, 5:26 pm

1 Answer from Attorneys

Your husband committed a LOT of wrongs in doing that. It doesn't really affect you, however, as long as the quitclaim is demonstrably false. By making payments on his separate property out of community funds, he bought you an interest in the property. He will probably dispute this, and even if he doesn't, calculating what your share is can get complicated. I generally refer family law questioners to self-help sources, but on this one you'll need a lawyer.

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Answered on 7/08/10, 9:00 am


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