Legal Question in Family Law in California
My husband purchased a house while we were married and the realtor would not sell us the house unless I signed a "Interspousal Transfer Deed" stating sole and seperate property.I signed it because I was told we could not get the house unless I signed it but by doing so did I sign all my rights away to the house if we were to divorce? Or is it still considered community property in the state of California since we were married?
1 Answer from Attorneys
I've seen judges rule that the property is separate property, because you gave up your interest by signing an interspousal transfer deed. I've seen judges rule that it is separate property because of a quitclaim deed executed before the parties ever acquired the property. Arguably, the property is no longer community property because you signed the interspousal transfer deed.
I've also seen judges apply a presumption of undue influence, and require the spouse receiving the property to show that the transaction was fair and equitable to the spouse giving up their interest in the property.
As of right now, the courts are applying different legal analysis to get different results.
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