Legal Question in Family Law in California

Title of house/ Quit Claim deed

I am divorcing a very abusive man as of 10/05. In June of '05 I signed a quit claim deed so he could take a business loan out to help his ''struggling'' business. He was to (quit claim) deed the property back into both of our names and then put it into the family trust. He instead did a grant deed and put the house into the trust, of which we are both trustees. The house is now in the trust but is in his name only ''as a married man, as his sole and separate property.'' His lawyer is quoting some new case law and states that I am not entitled to the house. After 6 1/2 years of marriage (house purchased in 2003) and 2 children can this be true?

Thank you for your time and consideration!


Asked on 6/26/06, 2:57 pm

1 Answer from Attorneys
Damian Nolan Law Offices of Damian M. Nolan

Re: Title of house/ Quit Claim deed

You should immediately retain an attorney to assist you. This area of the law is complicated and complex and you will need someone knowledgeable to protect your interests.

This particular issue is controlled primarily by Family Code Section 721 and the cases of "Haines" and "Delaney." Briefly stated, when one party in a marriage is benefitted by the transfer of property from community to separate, the benefitting party is presumed to have exerted undue influence over the other spouse. This presumption, however,is rebuttable and is dependent upon the facts.

I reiterate, you should retain an attorney to assist you.

Kind regards,

Damian Nolan

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Answered on 6/26/06, 3:38 pm


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