Legal Question in Real Estate Law in California

community properties

I married my wife and she had a condo, she sold it 5 month after our wedding and made me sign a paper?

She said she can't sell it without my signature?

what is her properties or mine too?

the condo was 260.000dollars what would have been my share?


Asked on 4/12/09, 9:34 pm

2 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: community properties

Your interest in your wife's condo, if any, would have been extremely negligible. As she owned it when you went into the marriage, it was her sole and separate property on the date you got married. Unless she deeded it to you after you were married (that isn't necessarily why she asked you to sign a paper when she sold it), then the only interest you might have accrued during those five months would be to the extent that community funds were used to support the property. In five months, that amount, even assuming your community funds were paying the full mortgage, property taxes, HOA dues, etc..., is going to be almost indeterminable. As such, I have to say your rights to the property are essentially zero.

The reason you had to sign what was probably an interspouse grant deed is because the title company would have required it to remove the threat of any claim against title from you after the property was sold. It is common practice, but it in no way is a valid indicator that you had any legitimate or substantial interest in the property. Title companies are very cautious and conservative and would have made you sign it even if you had been married for one day at the time she sold the property.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 4/13/09, 12:45 pm
George Shers Law Offices of Georges H. Shers

Re: community properties

You do not tell us what the paper was and if you made any payments on the condo. The document was probably required by the title company stating that you had no ownership interest so that she could sell it without your getting anything. If you did make any payments, you likely would be entitled to get those back as being community property. If she owned the condo for many years, then the court would look upon any increased value from what she paid for it as being her separate property. If the divorce was final some time ago, it is also probably too late to make a claim against it.

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Answered on 4/13/09, 12:12 am


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