Legal Question in Family Law in California
Rights after ''quick deeding'' your home
A year ago my husband and I filed for divorce. He had me ''quick deed'' the house to him. We reconciled for 6 months, and are now seperated. I've been told by my real estate agent that a ''quick deed'' won't hold up in court and I am entitled to part of the equity( We put $30,000 down) The monthly bill still lists my name as well as my husbands. What am I entitled to, if anything?
2 Answers from Attorneys
Re: Rights after ''quick deeding'' your home
I assume that what you are referring to is a "quitclaim deed." I would not presume that what the real estate agent has told you is necessarily correct. It would depend on the facts and circumstances of your case. If he paid you appropriate money based upon the fair market value of the property to execute this quitclaim deed, it is likely that a court would rule that you do not have much, if any, of an interest. Even if the quitclaim deed is effective, you still might have a claim for any payments made with community property on this house in the six month time period after the reconciliation and before the second separation. If he pressured you or coerced you into signing the quitclaim deed and/or you did not receive fair market value for your interest, you might be able to get a court to set it aside.
Adam N. Gurley
415.334.8439
Re: Rights after ''quick deeding'' your home
I assume you are referring to a Quit Claim Deed. Your Real Estate agent should not be giving you legal advice in this matter. First off, a Quit Claim deed is valid in the State of California, and no consideration or money has to be given in return for it to be valid. There are certain methods for setting aside the deed such as Fraud, Duress, etc. If you are located in Southern California and would like a free telephone consultation give me a call at 818-342-8020 x1