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

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1. Licensed in CA

   

   Michael DaymudePro

   Sherman Oaks Litigation Lawyer

   Contributor Level 20

   

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   Answered February 25, 2013 08:36. 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.

   I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... moreI am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference less

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2. Licensed in CA

   

   Michael Doland

   Los Angeles Business Attorney

   Contributor Level 20

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   Answered February 25, 2013 08:36. 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... moreThe 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. less

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   Paula Sinclair

   Twin Falls Social Security Lawyers

   Contributor Level 20

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   Answered February 25, 2013 08:40. 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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