Legal Question in Family Law in California
quitclaim home to husband during marriage
If they purchased three homes together during the marriage and she quitclaimed all three homes to him, but they are in divorce proceedings now, what options does she have? Is she entitled to 50 percent of their value and can she force the sale of these homes? Right now, she has perfect credit, but since the three loans are in her name, her debt ratio is very high. Her husband was having financial problems and used her vulnerability to refinance these homes. He is trying to just get the divorce finalized as quickly as possible. What should she do?
2 Answers from Attorneys
Re: quitclaim home to husband during marriage
I need more information as the circumstances. If you in the Bay Area, feel free to call me.
Adam N. Gurley
415.334.8439
Re: quitclaim home to husband during marriage
All property aquired during the marriage is community property with a few exceptions. Even though the property is in his name if it was acquired during the marriage than she is entitled to at least half of the value of the property. He can either pay her for her share or she can request the court order the sale of the properties and the proceeds split fifty fifty after all debts against the properties have been satisfied. She really needs to hire an attorney to represent her, becuase if her offers to just buy her out without paying off the debt and selling the property it will be extremely hard for her to get her name removed from the debt unless he pays it off completely. The property should have been listed on the court papers as community property. The court will probably order the property sold, the debts paid off and the remaining money split between the parties. The best way to find a good lawyer is to contact the local county bar association and request a referral to a local divorce attorney. They should be able to give her the names of some good attorneys. It might cost her a few thousand, but in the long run she will be better off since it doesn't sound like she knows what she is entitled to.
Good luck. Feel free to email me directly if you have any further questions.
John Hayes, Esq.
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