Legal Question in Family Law in California

My Name not on the Title of Real Estate

5 years ago my wife and I bought the house together that we live in together now and both of our name was on it in the beginning. Later somehow my name got removed and only her name is on it now. Also, she bought another house with only her name on it. We've been using the same joint bank account even before our marriage 7 years ago. What chance do I have for me to get my share of the real estate if we get divorced?


Asked on 1/12/07, 3:43 pm

2 Answers from Attorneys

Laurence Haines HainesLaw

Re: My Name not on the Title of Real Estate

You have a good chance as the names on title are only a presumption which can be rebutted. You would have to show that community property funds were used to purchase and/or maintain and/or pay the mortgage. It is an accounting game.

It sounds like you might want more information regarding a possible divorce.

If so, feel free to contact me.

Good luck.

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Answered on 1/12/07, 11:01 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: My Name not on the Title of Real Estate

Your name is not just removed from real property. To remove a person from title of real property requires a written document signed, with a notarized signature, of the person whose name is being removed.

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Answered on 1/19/07, 1:04 am


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