After we got married his mother gifted us money to buy our home in exchange for my remodeling skills that I was to do for her house. The money was place in our joint account but when we bought the house I wasn't present to sign so the title was only under my husbands name. Later he decided to get a loan but couldn't so he quit claimed that house to me as a bonified gift. When I tried to give it back he decided to leave the house under my name only but now I am getting divorced due to abuse and he walked away from the house and paying all of the maintenance and yearly taxes. The house is free and clear and I pay all its bills out of my separate money. He says I don't have any rights to the house and his attorney says they will take the house from me. Can they do that? Do I have any rights of ownership at all?
I will re-post this under family law.
At the very least, it sounds like you should have a community property interest in the house, and he may be bound by the quitclaim.
You should promptly consult a family law attorney about this (and your divorce).
What you have here is a complicated situation. It's not clear how the house came to be paid off, or what funds were used to pay off the refi. It is also not clear how whether or not you were present at anything to do how title it was taken
That said, the lawyer is bluffing when he says he's going to take the home away from you. The bad news is there's going to be litigation that's going to be costly.
To be clear, ownership is not the issue. Whether or not there is a community interest in the property is the issue. You're going to need a very experienced attorney to deal with this.
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Great question with too many variable to answer here. The quit claim granting you title is presumptive of ownership. However, because you are married the transaction will be closely scrutinized. Take the position that you own the property.
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