Legal Question in Real Estate Law in California
I was divorced in 2012 and as part of the settlement I obtained the resident . I tryed to sell the house and my husband signed away 10% on a Quitclaim deed without my knowledge in 2001. I heard this was illegal due to family code 1100b how due I presead with action to clear the deed for sale of the resident,
1 Answer from Attorneys
No, it's not Family Code 1100(b) -- that section deals with gifts or below-value dispositions of community personal property. A house is real property, not personal property, and unilateral dispositions of community real property are covered by Family Code section 1102.
The 2001 transaction is too old now for you to bring an action against the party who acquired the 10% interest, or his/her/its successors. However, you probably have a valid cause of action against your ex-husband. I'd start by taking all the documentation you have, including papers relating to your 2012 divorce, to a family law attorney and have an initial consultation regarding the appropriate process to obtain justice from your ex.
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