Legal Question in Real Estate Law in California

Re: Interspousal Transfer Deed

This is premature. That type of deed is usually used after the divorce has been adjudicated and separate property rights determined. Contact me directly.

Re: Interspousal Transfer Deed

You need to consult with your family law attorney. Is the money you are using for a down payment clearly your separate property? Have you separated legally, or is the divorce proceeding filed and pending? The deed only eliminates his interest at the time it is signed. If, thereafer, you use anything that could be characterized as "community property" to support that property (income, assets, etc...) then he can make a claim to have regained an interest in the property. This can also be resolved, however, by a second deed signed by him as a part of your divorce settlement at such time as it is entered and final. That would be a condition of the divorce settlement. Your divorce attorney is going to be much better equipped (with knowledge of the specific facts of your divorce) to answer this question.

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