Legal Question in Real Estate Law in California

Re: Deed Transfer

This seems way too generous. Is there a Superfund site on the property? Seriously, when one spouse wants to transfer his or her separate property, or his or her interest in joint tenancy, tenancy in common or community property, to the other, all that is legally required is a writing in which the transferor spouse makes it clear that a transfer of ownership or so-called "transmutation" is intended. A clearly-worded deed is usually a sufficient express declaration of intent to satisfy this provision of the Family Code, which was inserted a couple decades ago to prevent misunderstandings and fraud when spouses accidentally or in a weak moment gave up property rights against their longer-term interests.

Other areas of caution are (1) while transfering the property to you does not make you liable on a note you haven't signed, there is some possibility that the note is already a community obligation; and (2) in most notes secured by deeds of trust, lenders have usually inserted a "due-on-sale" clause (or its equivalent), which accelerates the maturity date of the note if the maker transfers title, or part of title, to another. Lenders will sometimes waive these provisions, or maybe waive them for a fee, but the problem would be your husband's, at least initially. Keep in mind that the financial woes of one spouse will probably come to haunt the other if and when there is a lawsuit and judgment, or when there is a divorce and an attempt is made to divide the community assets and liabilities.

I think a full, or even helpful, answer to your question is not really possible without knowing what motives your estranged husband might have to make what appears to be a gift of property.....this is where a gift horse must be looked in the mouth. Maybe the properties are about to go into foreclosure.

It's probably time to find yourself a family law attorney with whom you feel compatible, and start taking steps to protect yourself from bad decisions in the near future.