How do I go about reversal of interspousal transfer deed sign when not in right mind or knowledge? State CA.
3 attorney answers
Or you could ask him first what’s going on. Can always escalate but you cannot always de escalate.
This is general advice. You are anonymous. If you PM me i won’t know what it’s about.
Mr. Shields is correct; your attorney may file a petition to set aside the deed you signed.
Spouses are free to enter into transactions amongst themselves during the marriage. However, there is a duty of good-faith and fair dealing. When a transaction unfairly advantages one spouse a presumption of undue influence arises. If the other party is not able to rebut the presumption of undue influence, the transaction will be set aside.
I am unclear as to a number of details. However, if you and your husband used community funds to purchase real property during the marriage, and he had you sign a document taking your name off the property, then he would have gained an advantage in the transaction, to your and the community estate's detriment. The presumption of undue influence would apply, and the burden would be on the other party to rebut it.
This is a complicated issue, and you should consult with an attorney in your area.
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.
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Your attorney may file petition to set aside the deed you signed.
Not easy task. Hire an attorney to assist.
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