QUESTION
Will I have any interest in the home through divorce if I am wondering now in separation and looking at divorce?
Asked on Nov 14th, 2013 on Divorce - California
More details to this question:
My wife owned the property two years before we got married. In 2005, I signed a interspousal deed gift to her. We have done many upgrades to the house since. Thanks for your reply,
3 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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It is Hard to say. Unlikely since you signed an interspousal deed. First, there is probably very little increase in equity since marriage. You may be able to get some for payments on the improvements.
Answered on Nov 19th, 2013 at 5:58 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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If community money was used to upgrade or to pay down the principle the community may have an interest. The quitclaim deeds are an argument against this depending on how they came about. If it's an interest only loan that would affect the analysis. See an attorney.
Answered on Nov 15th, 2013 at 2:54 PM
If she bought it before marriage it is her separate property. The Quit Claim deed may be interpreted as you having given up any community property claim to the separate property. Consult an attorney.
Answered on Nov 15th, 2013 at 2:49 PM