Legal Question in Family Law in California
Quit Claim
I am in the begining of a divorce after 1 yr of mariage.Here is my story. Me and my wife sold our homes after we got married. She made 190K, I made 70k on our homes. We bought another home together using combined money off our houses. We paid off bills, went on vacation, and just blew most of my money together. In total I only put 20k of my seperate money into the house. She put the entire 190k of her money into the house. Before signing for the new home we decided to put it in my name. Married ''Sole and Seperate property'' and she signed a quit Claim Deed due to her bad credit score, and my high score. I have been paying the mortgage with my work income. Does she have right to the house? If so what does she get? What I would be happy with, would be at least me get my entire 70k back. Can I expect 50/50 of entire property or is she getting her entire down payment back, and me only getting my 20k? Please help. What about the Undue Influence law? Does this apply? I am lost, she recently threw all my stuff out and asked me not to come back to the house. I want to avoid confrontation and plan to stay else where untill its all over. Can I evict? Can I use what she did (Throw me out) against her in court
1 Answer from Attorneys
Re: Quit Claim
You have a complex fact situation that will need to be tried by someone who is familiar with the law on these issues and knows the judge that will try the matter. You are talking hundreds of thousands of dollars and free advice on the internet will not get you a good answer. Many, many questions need to be answered by you and your wife, then a judge will decide. Good Luck, Pat McCrary
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