Legal Question in Real Estate Law in California

Re: Quickclaim Deed

Yes, you should be.

Re: Quickclaim Deed

Should I yell, yes, even louder. Look, you need a good family law attorney immediately. Yesterday, so that you can sit down with him/her and give her all the facts. California is a community property state and generally when you givith you givith unless you get back. Your broker was correct when he didn't tell you probably, or maybe you guys just didn't listen, then after was over you quit claim the property back to both of you as community property, ergo one-half to him one-half to her. When you quit claim in over and don't do anything about it it is presumed you intend give him your half. Now back to be over, by factual information. Additionally, equitably you should have a one-half right to all of the property, at least this property, by showing that community funds were used for its maintenance, upkeep, improvement and payments. But you may have to fight that a little bit, or he even a lot. Good luck to you and you may want to tell the attorney about your stupid broker who didn't follow through on the transfer back.

Re: Quickclaim Deed

Yes, but the extent to which you hurt yourself by agreeing to the quitclaim suggestion may depend upon some additional facts. Here are some questions for you:

1) How long had you been married when you bought the house?

2) Where did the down-payment funds come from? Were they your money (from before marriage), his money, or money you earned together, i.e. community funds?

3) How much lower have the payments been, and is there more equity in the house as a result of the lower payments?

4) Did you at any time sign anything else affecting your rights to the house or your marital property rights in general, such as a pre-nuptial agreement?

The reason for asking these questions is that if it was his separate money that paid the down payment, you really haven't given up anything, and in fact may have gained, for the reason that (despite the quitclaim) a so-called "pro tanto" community interest arises in the house in proportion to the equity portion of mortgage payments made with community funds. A lower interest rate would translate (sometimes) into a larger equity accumulation that's community property. So, it's POSSIBLE you may actually have benefitted from the quitclaim.

To the extent, however, that you contributed to the down payment from separate or community funds, you probably will be deemed to have made a gift by way of the quitclaim and thus you may have lost potential share in the house in addition to the pro-tanto interest that has arisen since the quitclaim.

When the need arises, a family law expert may be able to find a way to recoup some additional equity interest in the house by asserting one or another theories to the family court.