Quit Claim Deeds California
We married in 1977. While married we purchased a house in California in 1988. I signed a quit claim deed placing the property in my wife’s name. I did this because I thought I would die first and it would simplify matters. Also, since she had more money than I had, I wanted to prove I didn’t want her money. WE had no pre nuptional agreemant. I understand in California should the property be sold, it would be community property and half would be mine less the down payment she made. Am I correct?
Re: Quit Claim Deeds California
You have a problem if you want to claim the house as community property now. You would be well advised to seek counsel. For assistance, call me directly at 1.619.222.3504 or e-mail me at the address below.
OCEAN BEACH ASSOCIATES
OCEAN BEACH ASSOCIATES
2185 Sunset Cliffs Blvd.
San Diego, CA 92107
Re: Quit Claim Deeds California
I disagree with the previous posts. The quit claim deed can be set aside if it did not comport with California’s laws on transmutations. If it was a simple “quit claim” deed, it can be set aside.
There is a special spousal quit claim deed, that complies with California’s transmutation laws. There is language required to be in an interspousal deed to make it valid. I would have to look at the deed you signed to make this determination.
Very truly yours,
Anthony Roach
Law Office of Anthony A. Roach
18563 Clark Street #107
Tarzana, CA 91356-3439
Re: Quit Claim Deeds California
It is not community property if you quit claimed it to your wife–in essence, your quit claim deed operated to waive any claim you might have had. She can sell it free of having to pay you anything. You can always try to file a lawsuit to set aside the quit claim, but that is an uphill battle.
Judith Deming
Deming & Associates
5334 E. Chapman Avenue, Suite 100
Orange, CA 932869