Legal Question in Family Law in California
Separate property reimbursement vs. Community Property
I purchased my Home on Nov. 23rd, 1988. 3 on title, myself and parents all as joint tenants. I married my husband on July 31st, 1999. On Feb 6th, 2002 I was refinancing my loan so I added my husband to the Grant Deed and the loan. GD = Husband and myself, undivided 50% interest and my parents an undivided 50% interest, all as tenants in common. At the time I was 8 months pregnant, and I was going to quit my job to stay home with the baby. I needed my husband's income to qualify for the refinance as I was quitting my job. I had no idea at that time that I was gifting over to my husband at least $75,000 in value of my property. In Sept 2003 we separated. In Nov 2003 Husband filed for divorce. On Jan 7th, 2004, Husband signed/notarized a quitclaim deed. Soon after this we noticed that the wording on the quitclaim deed was incorrect so we needed to redo it. On Jan 19th, 2004, Husband resigned/notarized quitclaim deed. Feb. 6th 2004 it was recorded. On Mar 1st, Husband's lawyer filed a Lis Pendes against my property claiming that his client was pressured and under duress when he signed the quitclaim deed.
Question: Did I waive my right to reimbursement of the equity that I earned as personal property because I added my husband?
3 Answers from Attorneys
Re: Separate property reimbursement vs. Community Property
That's what your husband is arguing obviously. However, this is a disputed issue and you did not intend to reliquish separate property rights. Any contract regarding the transfer may be reformed due to mistake or recinded because there was not a meeting of the minds. Call me directly at (619) 222-3504.
Re: Separate property reimbursement vs. Community Property
There are many fasctors to be considered and a short message on the internet will not suffice.
Under the Family Code (more specifically, section 721)there are certain presumptions of undue influence regarding the transfer of real property during a marriage. Also, there is case law which pertains to your circumstances. It is by no means certain that you gifted anything to your spouse.
This is an issue which you probably cannot resolve yourself and I strongly recommend that you retain an attorney to assist you.
If this office can be of assistance, please feel free to call us at 562/601-8133 and ask for Pam. Pam will be more than hapy to discuss the matter with you.
Regards,
Damian Nolan
Re: Separate property reimbursement vs. Community Property
Depending upon the circumstances you should at least be reimbursed for the value of your interest in house at the time husband's name was added to the title. Any increase in value over and above that would be community property. You should immediately retain an attorney to represent you.
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