Legal Question in Family Law in California

Set aside 1995 quitclaim deed in 2009
In 1995, I was (a) strung out on drugs and (b) determined by Social Security to be mentally disabled due to Major Depression, to the extent that I was required by them to obtain a personal representative to handle my financial affairs (the monetary award from them of $20K). My wife was well aware of my condition as she too received a lump sum from Soc.Sec. on my account for child support, and continued to receive monthy payments for through 2004. In 1995, I signed a quitclaim deed at the urging of my wife, giving her sole interest in the house. Now, in 2008, she has filed for divorce claiming sole ownership. I have been drug free since 2001 and see clearly now, and want the quitclaim deemed unlawful. She and I first separated in 1993, but have been back and forth living together in the house. We had reached a verbal agreement of 20% for me whenever the house is sold, but since she feels she has me over a barrel she has reneged on it. Do I have a chance? Does Marriage of Mathews (2005) 133 CA4 624 help me? (found it on internet) What about Family Code 721 and Evidence Code 115? Is there a statute of limitations? I have a statement from Soc.Sec. about the date and extent of my condition then.

Asked on 12/20/08, 12:35 am

Lyle Johnson Bedi and Johnson Attorneys at Law

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Re: Set aside 1995 quitclaim deed in 2009

You will need to discuss the facts with an attorney. Your question is to complex to answer on the internet.

Answered on 12/31/08, 9:32 pm

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