Legal Question in Real Estate Law in California

Re: Quticlaim deed on house but married

First, keep in mind that the law that applies to married couples purchasing real property together is quite different from that applying to non-married co-purchasers. Family Law including the principles of community property apply to the former, but usually not to the latter.

Ordinarily, a home purchased after marriage is community property. This is not always the case; if the funds used to purchase it were clearly the separate property of one spouse, the home is probably the separate property of that spouse.

Did you execute a quitclaim deed? To whom? When? If it was part of the home purchase, it was probably a recognition of the separate-property nature of the funds used to purchase it.

It may have had something to do with your credit too, but the quitclaim (probably) primarily reflects that separate-property funds were used to buy the house.

My hunch is that you don't have any interest in the house; that it is your husband's separate property. If this seems wrong or you think you may have been cheated, see a local real-estate or family law lawyer (or a legal-aid clinic) who can examine the recorded documents at the courthouse and listen to your story.

Re: Quticlaim deed on house but married

All income earned by the employment, or labor of a spouse during the time the parties are married andlving together, is generally community property. One half of the community property income is yours. Therefor you have income.

It appears that the house was purchased with community property. The community property follows nature of the money follows it into the house.

The major problem will be proving that you signed the quit claim deed as a matter of convenience only and had no intention of giving away your community interest in the house.

If you are really concerned contact an attorney and discuss the facts of the case with that attorney.