Quit Claim Deed vs Original Deed

[Natsha]

What is the name of your state?CA
Married 15 years - Purchased home 3 months before we were married and my name was not on the original deed. My spouse and parents were on the deed, Although we occupied the house from day 1 and have always been on the loan docs. his parents loaned us 40,000 for a down payment. My question is: We've since refinanced and his parents Quit Claimed the property to read as "a gift with 0 monies due to my husband and myself" Do I own 1/2 of the property or our his parents entitled to any monies if we divorce and sell the property. My husband claims I would only receive 1/4 of the value or in other words 1/2 of his 1/2. I claim that the Quit Claim over rides any previous deed. Is this so?
Would the courts calculate the difference in worth from the time my name was put on and subtract the original sale price?

 

[nextwife]

Well, if spouse and his parents were on the original deed, and then his parents quit-claimed, they could ONLY QC the interest THEY had. So, depending upon the split of the ownership (each of them 1/3rd, or he 1/2 and they together 1/2), a PORTION was QC'd by them. Unless your spouse ALSO QC'd his interest as well.

So, if the original deed was he (1/2) and they (1/2), and then they QCd their portion to you and hubby together, hubby would have his original 1/2 plus the QCd 1/2 that was mom and dad's interest. Capiech?

A RE attorney or title company can review the deeds and provide a report showing how title now appears to be vested.

 

[HomeGuru]

The last sentence is the best.

 

[Natsha]

Thanks for your responses. I have thw QC which states the udersgined grantor declares This is a bonafide gift and the grator recieved nothing in return, R&T 11911. Receipt of which is hereby acknowledged by (three original deed owners)
hereby remise, release and forever quitclaim to (husband and wife as joint tenants and their names)
All three of the original deed owners signed the bottom
What do you think?

 

[nextwife]

If husband and parents were the only parties in title, then they, all three, executed a deed, quit claiming their interests to you and husband as joint tenants, that means you and husband are now the only parties in title. Equal undivided ownership.

Presuming the deed was complete, correct, and properly drafted and executed by all deeding parties.

 

[Natsha]

It appears that the QC deed is now in Spouse and my name only. He doesn't know about this or remember this QC deed.
When we divorce he will try to get away with the original deed paperwork or deducting the value from 1986 - 1992. Is there any chance. That would stick claiming the property was not mine prior to marriage and I would have less then 1/2 the value?

 

[nextwife]

Is the deed recorded? If not, get that done ASAP. Have it done in person and get a certrofied copy with recording info right then and there because of the recording gap.

Simple answer. Get a report from a title company showing who is presently in title. If you are now recording ther deed, provide them your recording info.. THe prior ownership is no longer relevant. You NOW own half, based on your posts. He can't NOW charge you for the half that is already yours.

 

[divgradcurl]

If you hold the title in joint tenancy, then the house is presumptively community property. Under Family Code section 2640, your husband MAY be able to obtain reimbursement for "separate property" contributions to the community estate -- basically, if he made a down payment and the like before your were married -- but the burden of proof can be high.

Look up in re Marriage of Lucas and the various family code sections if you want -- or, better yet, take nextwife's advice and talk with an attorney