Legal Question in Real Estate Law in California

Disputed Interspousal Transfer of Deed

A draft judgement was issued by the court is our divorce, ordering the primary residence to be sold and the proceeds split. Subsequently, my husband and I agreed to me buying him out of the home at fair market value. I qualified for the refinance, and the loan was set to fund. My husband signed the interspousal transfer of deed (which was notarized) as well as the quitclaim. His attorney subsequently submitted a formal judgment to me and my attorney as to an agreed settlement (including the agreement re the home). However, there were other issues in the proposed judgment that I do not agree on. Because I would sign it, my husband is now demanding the interspousal transfer back from the escrow company and attempting to stop the escrow from closing, threatening lawsuits, etc. The last I heard was the title company had the docs. Can my husband prevent the loan and recording of title from going through? Please hurry with a response. Thanks.


Asked on 9/01/02, 2:14 pm

2 Answers from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: Disputed Interspousal Transfer of Deed

You have a problem. No easy answers on this.

I am assuming you did not have your own legal counsel for the divorce, otherwise he or she should be taking care of this.

Without reviewing all of the paperwork, I couldn't know what to advise you regarding your question and regarding proposed solution alternatives.

Read more
Answered on 9/01/02, 2:38 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Disputed Interspousal Transfer of Deed

Your question states that you have an attorney representing you in the divorce. That is where you should turn for advice and counsel. If you are dissatisfied with your attorney, you can fire her/him at any time and get a new one.

Read more
Answered on 9/10/02, 4:09 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California