Legal Question in Real Estate Law in California
Right on property
Hi,
My husband and i have been married
10+ years. We have no prenuptiual
agreement. My husband bought a
house for his parents (he, his parents
are on the title) and i signed a quit
claim deed having no title on the
house.
My question is if my husband pays
$1500 on the mortgage every month
for the 2nd house, do i have any
right or claim of any sort even
though i signed the quit claim deed?
Please help. Thanks
1 Answer from Attorneys
Re: Right on property
Assuming the funds for these payments are community funds, which they would be if he uses his current earnings from employment, your marital community is acquiring an interest. Calculation of the amount of that interest is not straightforward and family-law specialists use software programs to apply ownership formulas developed by California court rulings to determine the so-called "pro tanto" community interest. It will be small at first and grow gradually. A family-law specialist would also want to look at the actual wording of the quitclaim deed to see if it has any effect on after-acquired interests or quitclaims only the interest you had at the time you signed it.
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