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Spouse & I want 2 create postmarital agreement giving me sole title to our home in CA. Legal in a community property state?

Van Nuys, CA |

Is this as simple as signing a quit claim deed?

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Attorney answers 3

Posted

If you want an antenuptial agreement to be worth the paper it is written on both you and your wife need separate counsel and the agreement needs to be drafted by an attorney for one of you and approved by the attorney for the other. No, it is not as simple as preparation of a Quitclaim Deed although that, or more appropriately an Interspousal Transfer Deed, may be the mechanism for transferring legal title.

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Posted

A quitclaim deed will transfer title under real estate law. It may have serious other tax and banking consequences you should consider. A consultation with a commercial or real property attoreny and/or CPA would benefit you.

As a matter of family law, you may be contemplating the change from community to separate property. A transmutation agreement prepared by a family law attorney would benefit you.

The above is general legal and business analysis. It is not "legal advice" 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.

Posted

Yes, a married couple can supersede the community property laws of a state by agreement and by deed. To know whether a quitclaim will be sufficient (as it is in my state) a consultation with an experienced family law or estate planning attorney would be prudent. That attorney should start with the objective(s) you are expecting to satisfy with this transfer and assess whether it will cause unexpected and unwelcome consequences.

Best wishes for a favorable outcome, and please remember to designate a best answer.

This answer is offered as a public service for general information only and may not be relied upon as legal advice.

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