Legal Question in Real Estate Law in California

Quit claim

i HAD SIGNED A QUIT CLAIM FOR MY HUSBAND, WE HAVE BEEN LIVING APART NOW FOR 4-5 YEARS WITH NO LEGAL SEPERATION. hE PURCHASES A NEW HOME. WHEN I SIGNED THE PAPERS I DID NOT HAVE A VALID I.D. JUST A RECIEPT FROM THE D.M.V. WHICH WAS FOR A STATE ID. IS THE DOCUMENT STILL VALID. pLUS THEY HAD WROTE DOWN THE WRONG ADDRESS ON THE QUITCLAIM PAPER. so would it still be valid??


Asked on 12/16/01, 7:33 am

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Quit claim

Whether the quitclaim is 'valid' or not cannot be determined without seeing it and knowing the circumstances surrounding its making and delivery. Generally a deed is valid if it was not fraudulently obtained, was signed by the grantor, and delivered to the grantee. However, a deed cannot be recorded unless it is notarized, and unless it is recorded it may be ineffective against a bona fide purchaser for value. It will however be valid against you or anyone else with actual or constructive notice that you deeded away your interest.in the property.

When a married couple separates, even without a formal 'legal separation,' the marital community may end, so that subsequent earnings, etc. are not community property.

In my opinion, you should see a family-law attorney about your status, your rights, and your quitclaim. It's possible your spouse is taking unfair advantage of you.

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Answered on 12/17/01, 2:57 pm
Ken Koenen Koenen & Tokunaga, P.C.

Re: Quit claim

In order for a deed to be recorded, it must be notorized, meaning that the notory verified that the person signing was the person who said she is.

However, as between the two of you, it most likely is valid, because you have admitted that it is your signature.

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Answered on 12/16/01, 12:17 pm


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