Legal Question in Family Law in California
Interspousal transfer deed
Once married, husband bought a house. Funds for downpayment on house came from husbands retirement account (funds available before marriage)Wife signed interspousal transfer deed before escrow closed putting the property in husbands name as ''a married man as his sole seperate property'' because the bank refused to carry her name on the loan (although it is not ''expressly'' documented as that being the reason for the transfer, in fact there is nothing documenting why the transfer was done). I never put her name on the deed. During seperation I allowed her and our kids to stay in the home. She has filed for divorce. I continue to pay the mortgage on the house. How much of the house is she entitled to?
1 Answer from Attorneys
Reply: Interspousal transfer deed
In a general sense, there is not enough information to fully answer your question. It sounds like the property may be community property, and the down payment may be separate property and may be reimbursed pursuant to Family Code Section 2640.
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
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