Legal Question in Real Estate Law in California

My name is Daisy Hughes and I have a question regarding whether or not it is in my best interest to sign a Quit Claim Deed. My husband and I have been married for 17 years and have resided in the same house in the state of California. He would like to refinance the house which is valued for over 450,000 now. When he purchased the home in 1994 he was single therefore I am not on the title. Since the time I moved in with him which was 3 months after him, the value of the house has increased tremendously. Well the new mortgage company Commerce is insisting that I sign a "interspousal transfer deed or Quit claim form stating that the property will be recorded as a married man, separate and sole property. I too have invested a lot of money into the house over the past 17 years. What am I entitled to? This will be the second time that he has refinanced and he has never added me on to the house. Commerce states that we can sign a Grant Deed form afterwards to add my name to the title however I really do not feel comfortable doing this. Please advise.


Asked on 9/25/14, 5:10 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

I don't feel comfortable with you doing it either. I fear that by signing an interspousal transfer deed, you may be giving up whatever community rights of reimbursement may exist for you putting money into improvements or in using community earnings to pay down the loan that was used to purchase the property.

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Answered on 9/25/14, 7:33 pm


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