Legal Question in Family Law in California

This is a modification of my original question, with all the proper terminology

I built my house in 1987 & lived in it alone for 1 1/2 years. I married in Feb,1989. In March of 1989 I signed a Grant deed with my new wife.

After the property description, The deed states;

THIS INSTRUMENT IS BEING EXECUTED TO ADD THE NAME OF THE WIFE OF THE GRANTOR ONLY.

Now 20 years later we are divorcing, am I still entitled to my equity in the house that I had BEFORE we were married??? Does that paragraph protect me??


Asked on 7/23/10, 8:13 am

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

Again, do you have a prenuptial or postnuptial agreement stating that the property is to be held differently? If not, the property is presumed to be community property. You gave your equity to the community.

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Answered on 7/23/10, 11:59 am

I spent over half a decade litigating title issues for the parent company of Fidelity National Title and Chicago Title. So, unlike some attorneys answering questions here, I'm not making this up as I go along. Mr. Roach is making a grave error giving an opinion without seeing the entire document. Without seeing the granting language in particular, the language you quote cannot be interpreted properly. Also, you state that it was a quitclaim deed. A quitclaim deed does not have a grantor. Only a grant deed has a grantor. This is not fatal to the deed, or the language, but it illustrates why the entire instrument, as well as outside evidence perhaps, must be evaluated to give you an answer on which you can rely. Furthermore, no matter what the deed says, intervening events are almost certain to have affected the character of the property and your respective rights in it. For all I know, Mr. Roach's answer may be right, but right now neither he nor I can tell you that with any degree of reliability.

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Answered on 7/23/10, 3:19 pm


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