My wife signed interspousal transfer deed in California but now claim community interest

UPDATED: Oct 1, 2022

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My wife signed interspousal transfer deed in California but now claim community interest


I purchased a house 4 years back when we were married for 6 months. Entire
purchase money was with my income as she was not earning some might
have come from my earnings after marriage . When i purchased the home i
intended to keep it as my sole individual property. She was never on the title
or mortgage ever. Title company asked her to sign transfer grant deed which
she signed infront of the notary . We refinanced it 3 times after initial
purchase she was never added to the title or mortgage. Now she filed for
divorce and claims community interest in it and has filed for lis pendens.
So does communtiy law trumps interspousal transfer deed ?.


Asked on August 17, 2018 under Real Estate Law, California


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

Answered 4 years ago | Contributor

Community property includes income during marriage and property purchased during marriage.  Each spouse has a 1/2 interest in the community property.
Separate property includes income prior to marriage or after the marriage ends, and property purchased prior to marriage or after the marriage ends. A spouse has no claim to the other spouse's separate property.
Since the house was purchased during marriage, it is community property.  Since the house was purchased with income during marriage, it is community property. Your ex-wife has a one half interest in the house because it is community property.

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 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.

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