community property or separate?

What is the name of your state? CA

I made a post-nup that changed a large portion of my separate property house into community property. however, my spouse then signed a quit claim two years later. is the house now my separate property again?

[I AM ALWAYS LIABLE]

Originally posted by laughinghare
What is the name of your state? CA

I made a post-nup that changed a large portion of my separate property house into community property. however, my spouse then signed a quit claim two years later. is the house now my separate property again?

My response:

What was the "consideration" you gave her for her signature on the Quit Claim Deed?

IAAL

I am a woman. I gave HIM no consideration, none was asked. The post-nup, signed in 1996, was botched. I alone bought the home shortly before the marriage and had not intended to make my separate property community and neither of us was aware until it came time to separate that the post-nup has been drawn up incorrectly. Once discovered, I fought to have the post-nup set aside and he fought to enforce it and he won. That was last week.

Four years ago, 1998 - two years after the post-nup - he had signed the quit claim at a time when I was refinancing my separate property house and the bank wanted the assurance that he was not on title or held any ownership - he is not on title or on the mortgage. So perhaps his consideration is that he is not liable?

I thought consideration wasn't a consideration in marital property?

[I AM ALWAYS LIABLE]

Originally posted by laughinghare
I am a woman. I gave HIM no consideration, none was asked. The post-nup, signed in 1996, was botched. I alone bought the home shortly before the marriage and had not intended to make my separate property community and neither of us was aware until it came time to separate that the post-nup has been drawn up incorrectly. Once discovered, I fought to have the post-nup set aside and he fought to enforce it and he won. That was last week.

Four years ago, 1998 - two years after the post-nup - he had signed the quit claim at a time when I was refinancing my separate property house and the bank wanted the assurance that he was not on title or held any ownership - he is not on title or on the mortgage. So perhaps his consideration is that he is not liable?

I thought consideration wasn't a consideration in marital property?

My response:

You said, "Once discovered, I fought to have the post-nup set aside and he fought to enforce it and he won. That was last week."

So, why didn't you write all of this in your initial post?

Since he already "won", your post is a moot point. We're not going to relitigate your situation and case. So, what was your point in coming here to ask in the first place?

IAAL

"it" wasn';t written in the post-nup because of my ingnorance and the lawyer's neglect- if I know what you mean by "it." I was not advised of what I was giving up, of Moore Marsden, of the fact that separate property remains separate property after marriage and DOES NOT become community proeprty after marriage, which is what I beleived at the time. So I inadertently allowed a phrase in the document that states the house becomes community property upon marriage - which is what I thought happened as a function of the law and therefore did not question it. I was not aware I was giving up my property. I am investigating a malpractice suit against the attorney who drew up the post-nup.

The post-nup was ruled enforceable - all other aspects - marital fairness, public policy, consideration in contracts, etc. - are not applicable. It seems the only issue in determining enforceablility is whether or not it was voluntary, whcih of course is a ludricrous idea in other areas of contractual law. There is absolutely no sense of any "consumer protection" or Miranda type rights in the land of pre and post-nups. They are like the Mafia contracts of marital law.

But the post-nup was signed in 1996. The issue of the quit claim - signed in 1998 - wasn't raised. My question is why doesn't it return my separate property back to me? Why doesn't it function as a quit claim?