Legal Question in Family Law in California

Divorce/Community Property

I have been married 10 years. Prior to marriage I owed a condo free and clear but during the marriage we took out a small loan against it and title was put in both of our names. We didn't live in the condo we rented it out. In 2006 we bought a new home using the proceeds from the condo which included a large downpayment for new home, paying off debts (husbands only and a couple tax liens for my husband I was unaware of. I'm assuming the new house was in both our names because when we refinanced for a better rate I was told by my husband the bank said that could happen only if he was on the mortage and I signed a quickclaim which I did. On county property tax he is listed as SO sole owner. Did I sign away any and all rights to this home? In addition I recently discoved he did not file taxes for 9 years. He said he did but I ran my credit and saw a 30K tax lien. It's on my credit his credit and against the house. All returns have been filed but we owe a huge amount. If we divorce am I entitled to any part of the home or did I sign my life away? Title cannot be changed because of the current lien. thank you


Asked on 5/10/09, 12:21 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Divorce/Community Property

The situation you describe is quite common in California, in that one spouse owns property prior to marriage. After the marriage the property is transferred into both names. To determine your rights would require a full discussion with an attorney.

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Answered on 5/10/09, 9:22 pm


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