Legal Question in Family Law in California
I own two properties a house and condo which are solely in my named obtained while married. I pay for the mortgage, taxes, and insurance and we are thinking about getting divorced. No papers have been served and we live in California so I understand the assets are divided equally. I am wondering if it is possible to quick claim the condo to a family member and sell the house before the divorce. My thought is I can sell the house, pay off the bills, and then split the profit from the house with my husband. Is quick claiming the condo and selling the house prior to divorce possible without legal problems?
1 Answer from Attorneys
The short answer is, "No." While either spouse has the power to give away community property doing so in contemplation of divorce, and especially to a family member, is sure to make legal trouble in the divorce if your husband or his lawyer decide they want half the value of the condo. Selling the house and using it to pay bills and then splitting the proceeds is less troublesome, but might be open to challenge too.
The bottom line is that it always invites trouble if you make any major financial moves in contemplation of divorce, unless under the supervision and advice of a good family law attorney. And unless there is some major benefit to doing it before the divorce is filed, they will usually advise waiting until the moves are made as part of a divorce settlement.
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