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I'm in the process of divorce and I owned a property prior to marriage. Why do I need to provide the copy of property deed?

Los Angeles, CA |

My husband was never on the deed plus we had prenuptial.

Attorney Answers 4

Posted

The separatizer has the burden of proof to show that the asset is their Separate Property. Therefore, you need to provide proof (ie, the deed) that the property is your Separate Property.

DISCLAIMER - The materials provided in this answer are informational and should not be relied on as legal advice. Nothing in this email message creates an attorney-client relationship. You should always consult a lawyer in your state regarding your specific legal matter.

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Asker

Posted

Thanks, this is exactly what I was looking for.

Posted

I'm sorry to read that you are going through that process. I know if it very stressful and more than a little bewildering.
If you owned a property prior to marriage, your ex's attorney is doing due diligence to ensure that the property title wasn't changed to add the ex at some point during the marriage. It isn't likely that the title was changed, but the ex's attorney has to make sure.

www.bayoaklaw.com. 510-208-5500. This answer does not create an attorney-client relationship. It is not legal advice, because it is only of a general nature. Please contact a lawyer qualified in your jurisdiction to discuss your situation in confidence, using your factual details. Avvo answers are only general legal responses. Item 9 of Avvo.com's Terms and Conditions are incorporated in this disclaimer as though it were printed here.

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Posted

It is a very normal request to have documentary verification of an oral assertion. Even if the property was mentioned in the prenuptual agreement, there is nothing particularly burdensome about the request.

The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.

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Posted

They are entitled to the information.

Legal disclaimer: In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship.

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2 comments

Hillary Johns

Hillary Johns

Posted

And why wouldn't you want to just give them the documentation? It supports your assertion that it's your separate property.

Robert Ricci

Robert Ricci

Posted

Good point.

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