In a community property state, if my spouse signed a legal form stating that the home we purchased was my sole property what is she entitled to in a divorce?

Get Legal Help Today

 Secured with SHA-256 Encryption

In a community property state, if my spouse signed a legal form stating that the home we purchased was my sole property what is she entitled to in a divorce?

Asked on June 25, 2015 under Family Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Community property is property acquired during marriage.  Each spouse has a one half interest in the community property.

Separate property is property acquired before marriage or after the marriage ends.  A spouse has no claim to the other spouse's separate property.

If your wife's intent is to make the house your sole property, then she has no claim to it in a divorce.

 You can also argue that spouses can agree to change the character of property; for example, take community property and designate it as separate property.  If the house is designated as your separate property, she has no claim to it.

If the document she signed is a quitclaim deed, she has relinquished her entire right, title, and interest in the house.  The quitclaim deed should be signed in the presence of a notary and filed with the County Recorder's Office.  The quitclaim deed is effective upon being filed with the County Recorder.

If she hasn't signed a quitclaim deed, it would be advisable to have her do so to strengthen your case that your wife has no claim to the house.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption