My wife signed interspousal transfer deed in California but now claim community interest
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My wife signed interspousal transfer deed in California but now claim community interest
Hi,
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 ?.
Thanks
Asked on August 17, 2018 under Real Estate Law, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 5 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.
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