Are you California residents and getting divorced in California? If you are getting divorced in some other state, that state's rules could be very different.
The answer is a definite maybe. The quitclaim deed is a good start in your favor, but not the end of the question.
Does the quitclaim deed say anything about giving up any community property claim or other claim she might have to the house? That would help, too. If not, she can argue that the quitclaim was for convenience only, so that she would not need to sign all the documents.
Where did the money come from to buy the second house? Was it your separate property, either from before the marriage or from gifts or inheritances given to you alone as separate property?
If community property funds were used to buy the house, then she has a community property interest in the house, unless she has transferred that interest to you as your separate property, which might have been accomplished by the quitclaim deed, but might not have.
Was there a loan to pay a portion of the purchase price? Whose money was used to make the loan payments? Even if the house was your separate property, if community property money was used to make the montly loan payments, then the community is entitled to be reimbursed for those loan payments, and one-half of that reimbursement is hers. Same for fire insurance premiums, property taxes, and any other expenses of the second house. Even if the house is your separate property, she is entitled to reimbursement for her one-half of any community property money used to pay for that house and its upkeep.
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Do you have a revocable living trust to avoid probate? Probate is time-consuming, expensive, and annoying. Do your family a favor. Set up a revocable living trust and put all your property into the trust, especially any real estate. Revocable means you can change it or even cancel it any time. We write such trusts, along with a back-up pour-over will, and convey one piece of real property to the trust, usually the family residence, for $1500.00
Dana Sack
Answered on Nov 11th, 2014 at 12:24 PM