Legal Question in Real Estate Law in California

Re: Real Estate purchased community property state still married

I'd say you have a bit of an uphill battle facing you to establish a one-half (or some other) interest in the lot, because spouses can and often do quitclaim real property back and forth between themselves, and the deeds are generally considered vaild unless shown otherwise.

This is not to say you couldn't, shouldn't or wouldn't win in court. Indeed, your husband seems to have violated parts of the Family Code requiring spouses to deal with one another in utmost good faith and to the highest ethical standards. The problem is proof, and also the mere necessity to go to court to get redress.

There is another issue. Where did the money come from to "completely pay off" the lot? If it was from community sources, earnings during marriage, etc., that alone would create a large community interest "pro tanto" in the lot. The smaller the payments before the quitclaim, and the larger the community investment after the quitclaim, the larger the community interest, and if the down payment were zero and post-quitclaim mortgage payments provided 100% of the pay-off, the community interest might be 100%.

I don't practice Family Law or do divorces, so I'm not toally up to speed on this niche of real property law. You might want to get an initial free consultation with a family law specialist in your area, to see if there are any steps you should be taking now.

Re: Real Estate purchased community property state still married

Assuming you have no pre-post nuptial agreement, it depends on where the funds came from to purchase the lot. If your husband inherited the funds, then the lot is probably his (inheritence is separate property). If your husband used funds he collected from working his job while you were married, then the lot is probably community property, regardless of how title is held. Where did he get the funds to pay off the lot?

Re: Real Estate purchased community property state still married

go get yourself a good dissolution of marriage attorney who understands community property and seperatate property issues. it doesn't mean you intend to get a divore but he/she will tell you your rights and alternatives but your hausband seems to be taking advantage of you and you should know what to do to protect yourself or you may dig yourself into a deeper hold than you already have ---