Legal Question in Real Estate Law in California

Re: Interspousal Transfer Grant Deed

Without knowing how title to the property is currently held or what the proposed grant deed purports to transfer and to whom, I cannot give you much specific advice. However, as a general rule, never sign anything as important as a deed unless you understand its purpose and effect FULLY. Possibly what your 'ex' is telling you is accurate, but based on the few details you've furnished it looks like maybe you're being asked to give away your community half-interest in the property.

It sounds as though you have a formal, court-ordered legal separation. Does the decree include a property settlement? If so, any deeds you and your "ex" sign should be consistent with the court-ordered or court-approved settlement. If there is no court-approved property settlement, perhaps the court has retained jurisdiction to make future orders and/or to approve any future agreement by the parties. If you were represented by a lawyer during the separation proceedings, that is the person to ask.

Otherwise, you should seek the assistance of a family-law attorney before signing anything.

In California, property acquired by either spouse during the marriage is (with certain exceptions) community property, which is generally divided equally upon legal separation or dissolution of marriage. However, spouses can give their one-half interest in specific property (such as a house) to the other spouse by deed. Although there are many reasons why happily-married couples might want to do this, you probably don't. Unless you get legal help first, you are likely to find yourself outmaneuvered.

Re: Interspousal Transfer Grant Deed

Something does not smell right here. There are too many un-answered questions that I have. In this case I will not assume anything and direct you to immediatly consult with an attorney. If you are located in Southern California you can call me for a free telephone consultation at 818-342-8020 x1