Legal Question in Real Estate Law in California

Re: Quit Claim Deeds

Its very likely too late to do anything already. If you convey the property without "buying" it from your husband for real consideration (cash, or exchange of other like-valued property in which he has no present interest), then the transfer of these properties is called a fraudulent conveyance, and a smart creditor, with a judgment in hand, will get permission from the court to set aside the transfer to you, and then sell the property. You would have needed to make the transfers more than two years prior to entry of a judgment against your husband. Also, in California as his spouse, you own 1/2 of all of his debts, even if you were not sued. In California, all property owned, or debts incurred while married (with some very minor exceptions that almost certainly don't apply here) are community property and community obligations. Before considering divorce, you need to look at Bankruptcy as a potentially better solution. Divorce and/or separation suffers from the same issue of a potentially fraudulent conveyance, and as such, a smart creditor can set it aside. I would strongly suggest that you meet with an attorney before doing anything.

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