Legal Question in Family Law in California

Pending Divorce & Purchase of New Property

I am in the last stages of a divorce (moved out of the home and filed for divorce in Nov 2001), husband and I have a trial date in Aug 2002 in Los Angeles, CA to come to terms on property (no real estate)acquired during the marriage.

I have recently found a home that I wish to purchase and have been pre-approved for a home loan, however, I have been told by the broker that since I am still legally married that I would need my husband to sign a ''Quit Claim Deed'' to avoid him having any claim to the property. Is this correct? It was my understanding that anything purchased after the date of seperation is considered SEPERATE property.

PLEASE PLEASE ADVISE. By the way, my dear husband would NEVER sign the deed...is this something that Judge would be able to enforce at the trial??


Asked on 7/01/02, 12:30 pm

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: Pending Divorce & Purchase of New Property

Yes is it is something that the judge can deal with at trial, let your attorney know that you want this issue dealt with. Further, after trial, you will not longer be married, so will not need a quit claim from him. While it would be your separate property, the title company wants to protect itself from litigation and a futher claim that your husband may make, it is standard operating procedure for them. Good Luck, Pat McCray

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Answered on 7/02/02, 10:23 am


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