Legal Question in Real Estate Law in California

i have a quite claim on my house from my husband. we leaved in the property for several years and there was no improvement done on the house. currently , we are getting divorce, i need to understand how the court look at the quit claim between us.

thanks,

yan


Asked on 10/10/09, 1:14 am

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Assuming the quitclaim was properly filled out, notarized, delivered and recorded, it would give you 100% ownership as of the time it was delivered to you (and you may already have had 100% ownership at that time).

Since no improvements were made, no community-property interest would come from that source.

You didn't say, however, whether there was a loan on the house during the time between thhe quitclaim and the present. There probably was and is - that's why quitclaims are usually done. If loan payments including principal reductions were made from money earned by either you or your husband during marriage, the house would have acquired a small community-property interest - maybe a few thousand dollars. Divorce lawyers have special software for computing the amount.

The court would probably award you the house, and give your ex-husband a little extra cash or other property to even things out. If the house has decreased in value he would get less. A divorce lawyer can give you a better answer.

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Answered on 10/10/09, 1:57 pm

As a divorce lawyer, I can tell you Mr. Whipple gave you a pretty good answer.

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Answered on 10/10/09, 8:06 pm


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