Legal Question in Family Law in California

Effect of Quit Claim of 23 years ago on Divocre Now
In 1972, I and my wife purchased a home. In 1984, IRS seized the property. Immediately after the IRS seizure, I quit claimed the property to my wife, and filed bankruptcy. So, the purpose of filing quit claim was to save the property. I battled with U.S. attorney for wrongful seizure of the property, and won the case. IRS released the lien without me paying anything to IRS.

I and my wife have been living separately since 1991 without legal separation. In other words, we are still fully married on paper. During that time, She borrowed money on the equity of the house we bought in 1972, and with that money bought a condo in 1992 or thereabout. There was no quit claim signed on the condo.

I am contemplating divorce now.

Question (1) Can I claim the house we bought in 1973 as community property, because quit claim was filed under unusual circumstances ? It was right after IRS seizure and immediately before bankruptcy filing. The house was bought with the money I earned and I had been making the house payment before the quit claim.
Question (2) Can I claim the condo as community property?

Asked on 9/12/07, 9:07 pm

Anne Marie Healy Law Offices of Anne Marie Healy

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Re: Effect of Quit Claim of 23 years ago on Divocre Now

Yes on both questions, but most likely it will be a battle.

Answered on 9/13/07, 11:06 am

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