Legal Question in Real Estate Law in California
quitcleim deed and community property rights
My husband bought a home on June 4,2003.The deed from the previous owner(DEED#1)that deeded the house to the my husband and I was drawn up on May7,2003, filed on June4,2003, and signed by the previous owner sometime between those two dates.My husband had a quitclaim deed(DEED #2) specifying that I quitclaim the house to him drawn up on January24,2004, filed thirty seconds after DEED #1 and signed by me sometime between January24,2003 and June4,2003. Because I was not legally incompetent and was irresponsible for not reading what I was signing, whenever I signed, it can I fight the circimstance of me receiving no proceeds from the sale of this property because of the way the whole process occured?He pressured me to sign the quitclaim within seconds because the recorder's office was closing very soon, leaving me no time to read it and he told me that this quitclaim was going to put me on the house not take me off.He needed the quitclaim to refinance a few times(my credit is bad).Also, did he need me to quitclaim in order to purchase the home because my credit was bad?The purchase date and the quitclaim filing date are the same: June4,2003.Could we have been on the deed of the home before the home was purchased?
3 Answers from Attorneys
Re: quitcleim deed and community property rights
In all liklihood, the property is a "community property" asset. How was title held? Did the deed convey the property to your husband "as his sole and separate property?" Even so, title is only evidence of ownership. It is not necessarily conclusive. Many times, the wife or the husband will have title in their name for a particular reason. Refinancing and asset protection are a couple of reasons.
Re: quitcleim deed and community property rights
The house is likely community property and any quitclaim deed may be voided due to duress. If you want it reviewed, call me directly at (619) 222-3504.
Re: quitcleim deed and community property rights
You say Deed #2 was drawn up on January 24, 2004, but I think you must mean 2003.
The court would probably treat the two deeds as being part of a single integrated transaction, even if separate escrows (or, in the case of Deed #2, no escrow) were used.
You don't mention how long you had been married at the time the house was purchased, nor the source of the down-payment funds. Facts showing a long marriage and use of community funds for the down payment would help your case; if it was a recent marriage and/or the purchase money can be traced to his separate property, that's bad.
I think you should gather all the facts, including information you have about the refinancings, etc., and see a family-law attorney in your county. Especially if the property has already been sold (and your husband is claiming all the proceeds are his separate property), you should act fast.
It's not so much a question as to whether you're entitled to some of the net proceeds of sale or not as it is one of how much of the proceeds are yours, or the marital community's.
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