Legal Question in Family Law in California
quit claim deed
If one spouse signs a quit claim deed then the other spouse files for the divorce in a community property state will the quit claim deed still stand?
2 Answers from Attorneys
Reply: quit claim deed
In California, the answer is no, unless you have specific language on the face of the deed. This is a very complex area of family law and I suggest that you consult with an experienced family law lawyer prior to having the deed prepared and signed.
Good luck to you!
Brian Levy, Esq.
www.calattorney.net
Re: quit claim deed
Maybe. There is a presumption that any such action (signing over property) which occurs between spouses is suspect, as each owes the other a fiduciary duty. See In re Marriage of Haines.
I certainly would not automatically take the position that the quitclaim itself is dispositive. It is an issue to litigate.
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