Skip to main content

Interspousal Transfer Grant Deed make the separate property to become community property?

Westminster, CA |

I bought the house before got married and hold the title as single man and separate property. After I got married for a few years, under the wife pressure I had the Interspousal Transfer Grant Deed signed, title changed to "Husband and Wife as Joint Tenants". Now I'm in a divorce, does the action in Interspousal Transfer Grant Deed make the separate property to become community property and she can get half?

Attorney Answers 3

Posted

It raised a presumption that at the time of the transfer, that you transmuted the property into community property. If you can't rebute the presumption, then wife's CP claim starts at the time of the transfer. You still have a SP claim to the property up to the date of transfer. No, if this is correct, she does NOT get half of the property.

Mark as helpful

1 found this helpful

2 lawyers agree

Posted

You definitely should review ALL the facts, and ALL the relevant documents, with an EXPERIENCED family law attorney NOW; you may save yourself thousands of dollars later.

Mark as helpful

2 lawyers agree

Posted

Whether the house is separate or community is a question of fact as to whether the transfer deed is transmutation under Family Code 852. Will she get 1/2; probably not as you are entitled to reimbursement of down payment and pre-marriage appreciation even if the court holds that the house is community. However, if the court holds it is separate property the community nevertheless acquired interest in it that should be calculated per Moore-Marsden (done by a forensic accountant).

This response will not create an attorney-client relationship between you and Sarieh Law Offices, and is not intended to serve as a legal advice in your specific circumstances. This response is a legal opinion based solely on facts represented and you should not rely on this legal opinion as a legal advice. You still need to consult an attorney directly to fully protect your legal rights.

Mark as helpful

1 found this helpful

1 lawyer agrees

2 comments

Asker

Posted

Thank you Wail and everyone else contributed to this forum! How can the transmutation be rebutted in a trial? Can I use an undue influence reason? My marriage duration is only 3 years . During the marriage she promised that if I added her name to the house tittle, she would sell her separate property and use that fund to help me pay off my mortgage and she never carry out that promise . On side note, only my name is on the mortgage and only me responsible for making monthly mortgage payment.

Wail Sarieh

Wail Sarieh

Posted

undue influence can be raised, I highly advice you though to seek legal counsel.

Family law topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics