Legal Question in Real Estate Law in California

Re: Signing a quick claim form

California is a community property state so if the condo was purchased during the marriage without his using his private, personal funds or any of the mortgage payments, taxes, expenses were paid for with community funds, you have a legal interest in the condo and it can not be sold without your consent. Try to find out whether community funds were used, why did he sell it to his parents, is he going to put any of the profits into the community kitty, etc. Ask him if he has done this before to you. Even if it was his money alone, a proper husband would tell his wife of such a sale of property. What was he planning on doing when you filed your join return and you saw a large capital gain? Also, the IRS is suspicious of whether inter-family sales are being made at true fair market value or is it being used to hide money from taxes.

Re: Signing a quick claim form

If you are getting divorced and he is trying to get control of property, a judge probably won't be pleased with his actions if in fact the house is community property. Our CA attorney can advise you on this for a reasonable rate.

Re: Signing a quick claim form

I need more information to answer your concerns. Please contact me directly for a free consultation.

Re: Signing a quick claim form

A husband an wife may hold property as joint tenants or tenants in common, or as community property, or as community property with right of survivorship. Family Code section 750.

Neither spouse has any interest in the separate property of the other. Separate property includes property owned by a spouse before marriage, acquired by the spouse during marriage by gift, bequest, devise or descent; and the "rents, issues and profits" of said property. Family Code sections 752, 770.

OK, that's the background law. Here's the real stuff:

"....both spouses, either personally or by a duly authorized agent, must join in executing any instrument by which....community property or any interest therein is leased for a longer period than one year or is sold, conveyed or encumbered." Family Code section 1102(a).

A court would, upon petition, void the transfer.

You say "x signed it over" without saying explicitly that he executed a duly-notarized deed to his parents and that the deed has been recorded, but I'll assume that is the case. If the parents are aware that you're married, they have not acted in good faith, especially if they paid nothing, or less than fair value.

Deeds made by one spouse in violation of Family Code 1102 are voidable rather than void, and a downstream purchaser in good faith, for value, and without notice of the facts, may acquire good title. (However, the fact of community property being transferred by one spouse would probably sho in the public record, and that provides notice). I mention this to suggest that prompt action on your part may be indicated, because the situation may produce other innocent victims, for example if the parents decided to take out a loan or put long-term tenants in the condo.

There are other sections of the Family Code that require spouses to deal with each other in the utmost good faith and integrity with respect to the business and financial aspects of marriage.