Legal Question in Real Estate Law in California

It depends upon how title is held. If it is a half interest as community property, or community property with right of survivorship, Family Code section 1102 requires both spouses to join in (concur) regarding any transfer of the property, or any interest therein. If there is a legally-cognizable separate property interest in the property, as where title is held as tenants in common or joint tenancy (as opposed to community property), Family Code section 752 seems to allow such a grant of your part interest, perhaps subject to the limitation of Family Code section 754, limiting the power of one spouse to sell, transfer or encumber the residence of the other spouse. Other cautions should be observed in any transfer of property without getting fair value in return; some such transfers are considered fraudulent. On the whole, I think your situation calls for a lawyer's full review and advice.

Mr. Whipple is wrong. If you are in the middle of a divorce there is an automatic restraining order against transfers of property to which any claim of the community can be made. You can be jailed or fined or both for contempt of court, the transaction may be undone by court order, you also face (as Mr. Whipple correctly notes) possible liability for fraudulent transfer. And that is all before we even get to the fact that 99% of the time it is a HUGE financial mistake to transfer assets to children while you are alive because of the terrible tax consequences of doing that. You really, really need to see a lawyer who knows Family Law, Real Estate Law, AND Estate Planning, at least well enough to set you straight on this scheme of yours. It's a really bad one.

I agree with Mr. McCormick. If you are in the middle of a divorce, the automatic restraining orders are in place. You would at least need court permission, and I suggest some estate planning advice.