Legal Question in Real Estate Law in California

Re: Rights of Property During Divorce

Your husband signed a "Quitclaim Deed," not a "Quick

Claim Deed." A Quitclaim deed transfers all of a person's

right, title and interest in property to another

person without any promise on the part of the

transferor that there is any interest to transfer.

Your husband probably retains a community property

interest in the house, if not a beneficial interest

in one-half of it. That is, because the Deed was

executed to enable you to buy the house despite

your husband's credit problems, not because of any

geniuine desire to transfer all of the title to you,

then your husband probably retains a one-half interest

in the house at least as those interests are determined

as between the two of you. However, there are a lot of

facts that might make this conclusion different, so

you should consult with your divorce lawyer before

doing anything in reliance on this advice.