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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

  1. Best answer

    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.

  2. 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.

  3. 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.

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