Legal Question in Family Law in California
Selling the House
I signed a quitclaim deed, signing our house over to my
wife. This was intended to protect the house from my
debts. Which I accumulated while we've been
separated, (for ten years). Until now, we haven't
considered divorice. But that appears to be changing.
My question is: Do I have any claim to half the money if
we sell the house? Or any amount, for that matter? Or
does the quitclaim deed mean I shouldn't expect
anything?
2 Answers from Attorneys
Re: Selling the House
You could have a problem. If she takes the position that you intended to release your interest to her, you will have to ask the court to set aside the quitclaim based upon a breach of her fiduciary duties (In re Marriage of Haines). If that does not happen, you will be limited to a Moore/Marsden calculation from the date of the transmutation to date of separation. This will very likely be much less than getting your half of the property back.
Reply: Selling the House
You may be able to have the deed set aside. I suggest that you consult with an experienced family law attorney without delay. You may find some useful information at my web site. Experience is not expensive, it is priceless!
Good luck to you.
Brian Levy, Esq.
www.calattorney.net
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