Legal Question in Real Estate Law in California

Re: House Quit Claim

Sounds like the two of you are negotiating your own property settlement, which is fine; usually that works out better than letting a judge divide it. I further assume that neither of you - or at least you - is represented by an attorney. Otherwise, your own lawyer should be advising you, not a stranger.

Things to be aware of here seem to be (1) defining time limits, such as an outer limit for waiting for the real estate market to revive; (2) making it understood that ex-wife's rights (and duties) in the house are those of a tenant under a lease, including your right to evict if she breaches the lease. I would recommend having a lawyer prepare a lease, but an minimum use a standard residential lease form that includes all the usual provisions for protection of the landlord (tenants' protections are pretty much written into the Civil Code!). You should probably ask for a security deposit.

As for filing homestead, only the owners of homes can file. After an effective quitclaim, your ex-wife will not have the legal power to file a declaration of homestead.

However, in the long run the only way to have complete (more or less) peace of mind is to use a qualified family law attorney to handle all aspects of your divorce, including the property settlement. Do-it-yourself may save money in simple divorces between parties with high principles, but when things get complex or ugly, it is always better to have had a professional at your side.

Re: House Quit Claim

Mr. Whipple's answer throughly covered the real property aspects of the transaction. However, you should make this agreement a part of the final judgment, and provide that the court retains jurisdiction to complete the transfer. Then if either of you does not follow through with the agreement then it can be enforced through family court. That procedure would be faster than suing in civil court.