I am going through a divorce, does a Quit Deed remove her claims from a property I purchased while we were married. This is in California. I have a rental property that I bought before we got married (she signed the quit deed) and another rental i bought (she signed the quit deed) when i was married. Can she take half of the money if the title and loan is in my name only.
I see more going on here than just your Q as posted. I would not wait with this. I would call a local bar association for a referral to an attorney. In general the Bar Associations are your best bet for a referral. They know local lawyers and also want to help the public. Best of luck to you.
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From a real estate law perspective, the properties are owned by whomever is on title. From a divorce law perspective, I don't know.
I am going to add Family Law practice area to this question to help you get some help from Family Law attorneys.
Kevin A. Spainhour, Esq. - Hopefully this information is helpful. My answering this question giving my general thoughts does not create an attorney/client relationship and is not a legal opinion. The only way to create an attorney client relationship is to retain our services and that can be done over the phone, email or in person.
Your fact pattern is riddled with ambiguities. If the properties you are referencing were quit claim deeded to your spouse at the time you were married...how can title of same be solely in your name at present day? It appears that there are certain properties you owned prior to marriage, and properties owned subsequent to marriage....ALL of which now reflecting both you and your wife's name as vested owners. I believe your question is, if she voluntarily deeds the properties to you, does she relinquish ownership of the properties to you. She would have to concede to non-receipt of consideration for same and again, absent coercion, duress or the like, voluntarily concede to relinquishment of any/all ownership interest/entanglements to the properties. As your fact pattern is a bit vague, I suggest you consult a local real estate attorney and provide copies of the deeds and mortgage documentation, as well as a brief description of all of the underlying facts. This will ensure that you receive a lucid and concise response based on all of the circumstances surrounding your particular scenario. Good luck to you.
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This question is best answered by a family law attorney. In general property acquired during marriage is presumed community property in California. You have the burden to prove it is not community property. The quit claim deed is a start but if you used joint funds such as income from your job you could have an issue. I would consult with a family law attorney for advice.
Please consult or retain a lawyer for your particular issue.
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