Legal Question in Real Estate Law in California

Qutitclaim?-Grant Deed?-Homestead?

My husband is using drugs and has left his job and home. In the meantime I am footing the bills by myself. The mortgage is in my name only because of his bad credit but his name is on the title. I have been unable to refinance or pull out equity without his signature as I am unable to locate him. CA law protects his rights to half of community property regardless of his name being on title. How do I get his name off - so that I can protect my name and save my home by refinancing. He has left lots of debts unpaid and has a lawsuit against him I am afraid that that leins against him will fall on me as well.


Asked on 8/20/07, 5:14 pm

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Qutitclaim?-Grant Deed?-Homestead?

I think you need to see a family law attorney ASAP for hard answers about dissolution of marriage or at least a legal separation. There are ways of dealing with a party's absence, if necessary. Waiting any longer is just going to get you in a deeper rut, legally and financially (I can't comment on the emotional aspects).

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Answered on 8/20/07, 6:39 pm
Robert L. Bennett Law offices of Robert L. Bennett

Re: Qutitclaim?-Grant Deed?-Homestead?

You need more answers than your statement requests.

Retain a family attorney and begin dissolution proceedings, or, at least, legal separation.

The attorney should be able to present various options toward protecting your assets and credit.

Also, you need advice regarding tax liability, because the IRS will come after you, assuming your husband is delinquent on taxes.

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Answered on 8/21/07, 12:37 am


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