Legal Question in Real Estate Law in California

Re: Am I entitled to 50% of the sale

While it is not impossible to sell the house with your name on it is probably called fraud, misrepresentation, forgery, the legal actions and possible criminal fraud. You have a right to one-half the value? Of course you do but why is sitting in front of the computer screen and how to get away with us in the first place. I know divorces devastating a how you sell a house without the other person knowing. Basically, you need a real-life real estate attorney immediately. I'm still a venture if you are separated or dissolve the marriage with your wife or what legal orders are in place regarding your status. That has a great deal to do with it Sir.I have been practicing law in this legal area for over 30 years and understand your problem well. I practice in the S.F. Bay Area and if you wish to contact me call at 925-945-6000.

Re: Am I entitled to 50% of the sale

The best thing you can do now is get representation.Call me directly at (619) 222-3504.

Re: Am I entitled to 50% of the sale

One cannot know the answer to your questions without knowing a lot more about your divorce, settlement agreement, the existence and delivery of a quitclaim deed, etc. But, you better move quickly to get the questions answered.

Re: Am I entitled to 50% of the sale

Check the property settlement agreement you signed as part of your divorce. You may have agreed that your former spouse would receive the family residence and you received some other compensation in exchange for your interest. A deed would have been recorded that would have transferred your interest in the property to her. If that didn't occur and your name is on the deed and the house was sold, the title company would probably not have issued a title insurance policy. Of course your former spouse could have forged your signature, but highly unlikely since it has to be notarized. If your name was not on the deed, and as part of the dissolution agreement you gave up all right to the residence and its equity, you are not entitled to any part of the proceeds. If you are still on title, you remain a co-owner and are entitled to a portion of the proceeds. Again, the starting point is the property settlement agreement. Please let me know if I can assist in any way.

Re: Am I entitled to 50% of the sale

Yes, it matters whether or not you signed a Quit Claim deed. If you did, you gave up your rights.

Re: Am I entitled to 50% of the sale

The first thing you need to find out is whether you executed a quitclaim or any other kind of deed. If you did, and assuming the deed conveyed your interest in the house, you are not entitled to any of the sale proceeds unless (possibly) there was a separate contract or judicial decree ordering a different outcome.

Then, you need to figure out how the house was dealt with in your divorce property settlement. Every California divorce (technically, a dissolution of marriage) in which the parties owned any significant amount of property or any real estate requires a property settlement in which the assets and liabilities are distributed, usually 50-50 as to each. Sometimes this is done by the parties' agreement, which becomes part of the judgment, or sometimes the court must make the split in the judgment itself as part of its order.

If you used an attorney to handle your divorce, ask him or her.

The place to look for the quitclaim or other deed is at the county recorder's office. The clerks there can assist you, but it would be helpful if you go in prepared with the assessor's parcel number.

The place to look for your property settlement agreement is at the courthouse (locate the family law clerk) where the dissolution case was decided.

If none of this results in a fully satisfactory answer, retain a lawyer with experience in divorces and real estate.