QUESTION
Is the house my wife and I both own falls under community property?
Asked on Apr 30th, 2014 on Litigation - Idaho
More details to this question:
I was married 21 years and separated 1 year and 6 months. My wife sold the house we own, this year in March and received around $45,000. We had the house for 8 years. Before she sold the house she made me sign a document in October 2013. She said, this is only to take my name out of the house and lower the mortgage payments. Also was notarized. I trusted her. Turns out, the paper I signed was the Interspousal transfer grant deed. Am I still entitled to half of that money she received for the house? Does that fall under community property, Even though she falsely made me sign those papers?
6 ANSWERS
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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You need to have the papers reviewed by an attorney. impossible to answer without papers being reviewed.
Answered on May 01st, 2014 at 8:35 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an experienced family law attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. (S)he would then be in a better position to analyze your case and advise you of your options.
Answered on Apr 30th, 2014 at 7:58 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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First, you are responsible for what you sign. That means at a minimum you must read the document before you sign it. A court may still consider whether you get a portion of the value of the house in a divorce action but it could go either way unless you can show evidence of fraud or duress. That does not include signing something just because she told you to do so and not reading it.
Answered on Apr 30th, 2014 at 6:04 PM
Michigan does not recognize the concept of community property. That suggests to me you do not live in Michigan. If that is true, I cannot give you any advice as I am only licensed to practice in Michigan. If you are in Michigan I strongly urge you to hire an attorney to look into the situation. This is not a situation that can be easily addressed via email. A couple of possible ways to recover money come to mind but it would require some research further and review of relevant documents.
Answered on Apr 30th, 2014 at 6:04 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Sounds like you may have transferred to her your interest. Since I do not know what state you are writing from, I do not know if the community property laws apply to your situation. My advice: retain the services of a family law attorney in your area.
Answered on Apr 30th, 2014 at 6:03 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Maybe. You need to get an attorney who can make the proof and the argument you need to win that issue.
Answered on Apr 30th, 2014 at 5:47 PM