Legal Question in Family Law in California

Re: re-fi quit claim

How are you the sole owner of your home? If purchased during marriage, likely a community asset. If owned prior to marriage and payments, etc made during marriage, at least some community asset in home. Need much more info and yes, court can force her to sign, however, much work needed before they would do such a thing.

Re: re-fi quit claim

Have a lawyer write her a letter on his or her letterhead informing her of her duty to sign and that she could be responsible for damages if she doesn't. Unfortunately, if she is broke, irrational, or otherwise unmotivated you will have to go to court to get either an order "quieting title" or an order that the clerk of the court can sign the deed "in her place and stead." As the other lawyer said, this would be a big and expensive hassle.

Reply: re-fi quit claim

She does not have to sign the quit claim until her community property rights have been adjudicated or preserved for a later time. Even though she is not on title, she may have a community property interest based upon payments made form community earnings during the marriage. The leading cases on this subject are Marriage of Moore and Marriage of Marsden. The calculation of the community interest can be complex and requires opinions of value at various time frames.

I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various California family law issues at my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

Re: re-fi quit claim

under the facts given so far, your wife may have a community property interest in the home even if your name is solely on title. the earnings you used to make payments during the marriage would be deemed community property in which your wife may have an interest in. however, you may be able to preserve this issue at the time of dissolution and bifurcate that issue separate from the refinancing issue at present if you are able to set up an ex parte hearing requesting such. if you would like additional legal assistance in this area, email us directly today.

Re: re-fi quit claim

You really have not provided enough information for a well informed opinion. If you owned the property prior to marriage, the home may be your separate property subject to a community property interest based upon the mortgage payments made using community funds during the marriage. There are a number of facts to be considered when calculating a community property interest in a separate residence. The leading cases of Marriage of Moore and Marriage of Marsden set forth a fomula used for the calculations.

You may be able to have the court enforce the signing of the deed but be aware that the issue of ownership will still need to be addressed during the dissolution process. In order to protect your interests, you should contact a family law attorney. Good luck to you!

Regards, Damian Nolan