Skip to main content

Is there an option to secure a property as community property after an interspousal transfer grant deed has been signed?

Healdsburg, CA |

The property is in California. The deed was signed because of lender's suggestion. The property was never in both our names. The interspousal transfer grant deed was signed the day after the loan was approved. As a surviving spouse, I would like to file a spousal property petition but was told I couldn't if the property is separate and not community property.

Attorney Answers 3

Posted

Not sure what you mean by a inter-spousal petition. ? If you transferred to now deceased spouse are you asking whether you have any interest in that property? Re post clarifying what exactly are you asking. Typically if lender requires a quit claim deed by married borrowers it is followed by a transfer back. Hard to try to address your inquiry.

In addition to AVVO's disclaimer, please note that by this answer no attorney client relationship is intended mor entered into and unless there is a signed retainer agreement in place, neither me nor anyone in our office has intended to solicit clients nor reprints them. The answers are general in nature and without weighing specifics of particular query. No answer should be relied on in whole or in part, directly or otherwise to act or not to act in pursue of any of your potential claims in law or equity. You should consult with and obtain advise or representation of an attorney to protect your rights regarding your case or matter.

Mark as helpful

2 lawyers agree

Posted

I think I understand what you are asking. First, let me lay out the facts as I understand them. You and your spouse purchased a property in California. At the time the property was purchased, the lender approved the loan in only your spouse's name and therefore, required you to sign an interspousal transfer grant deed to disclaim any community property interest in the property at the time the property was financed. This is done so that the lender doesn't encounter problems if they have to foreclose in the future due to claims by you (the spouse not on title) that you have a community property interest. The deed you signed was intended to do exactly the opposite of what you now want - at the time it disclaimed on your part, any community property interest in the property. As such, you cannot now easily transfer the property into your name. You are going to have to open a probate proceeding (assuming the property was never put in both names as joint tenants or community property, or into a trust) and obtain a court order to acquire title to the property. Unfortunately, after the loan closed escrow, your late spouse should have executed a deed putting the property into both names, as either community property or joint tenants. In that case, you could have potentially avoided probate to now put the property into your name only. I am sorry for your loss, and the further frustration that this is going to cause. I encourage you to contact a local attorney who handles probate matters.

David L. Gibbs, Esq.
The Gibbs Law Firm, APC
San Clemente, California
gibbslaw.com

*Due to the limitations of the Avvo.com Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. Further, information you provide to the Firm through this website is not confidential - it is available publicly to anyone visiting this website. The Firm shall have no obligation to keep the information you provide herein confidential in any context. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. §528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."

Mark as helpful

1 found this helpful

2 lawyers agree

Posted

Serious problem unless you can trace community assets went into the purchase.

My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none.

Mark as helpful

2 lawyers agree

1 comment

Asker

Posted

It's just the house, the property in question.

Real estate 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