Legal Question in Family Law in California

Re: quit claim vs grant deed

Tell me, are you dealing with tens of thousands of dollars, if not hundreds thousands of dollars in property but trying to save a few hundred dollars on an attorney who can help you proceed with your greatest amount of protection. There is a recent case, marriage of Matthews, which will help you and increase your chances of getting the property as your sole a separate property, but there are other legal issues and questions that arise from the facts that you give. Make sure you do things right and either go to law school so that you can understand your legal situation or contact an attorney who can assist you. Good Luck, Pat McCrary

Re: quit claim vs grant deed

There is a presumption that the title was acquired by undue influence, which means you have to prove that there was no undue influence when your wife gave the title to you. In other words, you have to prove that your wife gave title to you voluntarily because she wanted to, not because she felt she was being made to do so. It is not enough for you to show up and say, "Here is the title my wife signed over to me."

Re: quit claim vs grant deed

A grant deed is better then a quit claim deed, a quit claim deed only gives what ever property rights the person actually holds with no guarantees. What matters more then the deeds is the property actually your seperate property, did you get it prior to marriage, buy with seperate property money. She can always claim you used undue influence to get her to sign the deed. Drop and email or call the office if you need more specifics or if I can be of help.