Legal Question in Real Estate Law in California
Quick Claim under false Pretense
I was married very young, 17, and soon had two children with my husband. After 4 years we bought a house and he had me sign a quick claim stating it was only his house and told me it was because I had no credit and we would not be able to qualify for the loan. Now after nine years we are getting divorced and he say he does not have to give me any part of the house. Is there anything I can do, I thought it was just to qualify for the loan.
3 Answers from Attorneys
Re: Quick Claim under false Pretense
get a family lawyer yesterday
Re: Quick Claim under false Pretense
Yes. See a lawyer that does divorce work. You have a substantial community property interest in the property. But, you will have to fight for recognition of your rights. By the way, its a quit claim deed. You will need to convince a judge that you never knowingly waived your community property interest. If your husband bought the house with a significant downpayment from his separate (pre-marriage) assets there are rules to determine how to allocate an interest between his separate interest and the community property interest. They are called the Peirrera and VanKamp rules.
Go get 'em.
Re: Quick Claim under false Pretense
Family court judges and attorneys are familar with circumstances similar to yours. Property acquired during the marriage is presumed to be community property. He will have to convince the court that the house is his separate property. That is the source of the funds used to purchase the house, and make the monthly payments.
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