Legal Question in Family Law in California
quit claim
I purchased a second home (as a remodel project for a relative with inadequate credit). The relative provided all of the down payment and monthly payments.
There is no contract and no consideration (payment or promise of payment to me.) At the time of purchase my wife signed a quit claim. The house is currently for sale.
1. Is this considered community property in a divorce?
2. Will a restraining order prevent sale of the house until a hearing?
3. Does the wife have any rights to the proceeds of the sale?
3.
2 Answers from Attorneys
Re: quit claim
You have created a problem for yourself. A contract concerning interest in real property is required to be in writing. You apparently have an oral contract with your cousin. It is not as if both of you are without remedy to protect your rights, however, you provided a community asset, your good credit, and it is easy for your wife to claim that the community is due some consideration. It sounds as if you have gone far enough without an attorney and you now need some legal quidance. Good luck, Pat McCrary
Re: quit claim
More info is needed. if you put no money into it then it is probably a gift to you in which case it is not community property and she is out of luck.
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