L
laughinghare
Guest
What is the name of your state? California
I recently lost an attempt to set aside my postnup. In that document I had ignorantly and unknowingly changed my separate property - my house - into community property. The judge ruled that the postnup stands, tho commenting that I may have grounds for malpractice.
I alone hold the title and the mortgage on the house, having purchased it before the marriage in 1996.
When I refinanced in 1998, again titling it as separate property and obtaining financing without the spouse, the bank asked my husband to sign a quit claim, which he did. I have since refinanced again and even gotten a home equity line, using two other banks who did not ask for a quit claim.
My question is: if the house is now community property by virtue of the post-nup, doesn't the quit claim then relinquish that right to property, in effect acting as a new post-nup? If not, why not?
I recently lost an attempt to set aside my postnup. In that document I had ignorantly and unknowingly changed my separate property - my house - into community property. The judge ruled that the postnup stands, tho commenting that I may have grounds for malpractice.
I alone hold the title and the mortgage on the house, having purchased it before the marriage in 1996.
When I refinanced in 1998, again titling it as separate property and obtaining financing without the spouse, the bank asked my husband to sign a quit claim, which he did. I have since refinanced again and even gotten a home equity line, using two other banks who did not ask for a quit claim.
My question is: if the house is now community property by virtue of the post-nup, doesn't the quit claim then relinquish that right to property, in effect acting as a new post-nup? If not, why not?