Legal Question in Real Estate Law in California

My husband bought 3 properties and for immigration reasons ( i did not have my Green Card yet )

the real estate person told us that i had to sign a quit claim for these properties so i did , now can we reverse that ? we already have two other properties in our names together.


Asked on 5/31/11, 10:29 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I don't understand the advice. One doesn't need to be a resident, citizen, immigrant or whatever to own real estate. It is perfectly possible for a foreigner who has never been here and has no intention of coming to California to own California real estate. Maybe it had something to do with a lender requirement, or maybe it was just bad advice.

Anyway, you cannot "reverse" this, if by "reverse" you mean make the prior quitclaim go away. You can "reverse" it in the sense that you can now be made a co-owner by your husband deeding an appropriate interest to you. The deed would say something like "from H, to H&W as ....... (and then insert how you would like to hold title, the possibilities being (a) community property; (b) community property with right of survivorship; (c) joint tenants; or (d) tenants in common.

Before making any transfer, your husband and you should make sure that you have written permission from any lender holding a loan with a due-on-sale clause on the property. Also, you should consult with a tax advisor to be sure that there is no undesirable effect on your income or property taxes.

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Answered on 5/31/11, 11:25 am


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