Legal Question in Real Estate Law in California

Re: divorce

Since the land was acquired during marriage, I assume it was community property, although this is not necessarily so.

As has been pointed out to you, 'taking someone off the deed' cannot be done without either (1) that person executing an acknowledged (notarized)instrument or (2) a court order after hearing. Therefore, the property may still show as community property, but this should be checked at the local recorder's office!

Answering your question fully and accurately would require a lawyer reading the dissolution decree and the associated property settlement agreement, and reviewing the recorded documents pertaining to the land in question.

If the property settlement intended that the land would be sold and the money divided at some point shortly after the dissolution, your ex-wife is probably entitled to half of the current market value, less an adjustment to reimburse you for expenses such as taxes and interest you paid since separation from your ex-wife.

Since you want to use rather than sell the land, you might consider asking your ex-wife to execute a quitclaim to you in exchange for whatever price you can negotiate.....i.e, what you are willing to offer and what she is willing to take. If she won't sell for a price you consider fair, keeping in mind the formula expressed in the previous paragraph, see a family law attorney in the county where the land is located.

Don't build on the property until you get this cleared up. You'll probably have to clear it up in order to get a construction loan anyway.

Re: divorce

Why was property put in your name only?

Chances are that she will be entitled to one half of the current value, but that could be different based on the exact reading of the divorce settlement, if the property had ever been in both names, and the reason it was put in one name.

The deed to a property cannot be converted from two owners as joint tenants or tenants in common int the name of one person without the notorized signature on a grant deed or a quit claim deed by the other party.

Lot's of facts missing here.