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Divorce in process (not final yet), quit claim deed-How does that affect my home?

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kufuya

Junior Member
What is the name of your state (only U.S. law)? - IN CALIFORNIA.

I live in California and got married in California. A Home was purchased a few years ago in California with both wife/husband names on the grand deed, but wife name not on mortgage. We filed a divorce this year. The divorce paper was submitted a few months ago, but has not received the final from court yet. The submitted divorce paper/agreement indicated both wife and husband to spread out the house share 50 and 50. This month, wife (ex-wife) agreed to sign quit claim paper and transfer her 50% of the house share to me. Since the divorce is not final, and then the quit claim paper was signed interim, Can ex-wife come back to me to get her 50% share back later before or After the divorce is final?

Thanks a lotWhat is the name of your state (only U.S. law)?
 


FlyingRon

Senior Member
What do you mean "signed interim." If signed and recorded she has lost her interest. Of course, that doesn't mean that she can't argue the property division further and perhaps get it back. Is there any equity in the property?
 

kufuya

Junior Member
Thanks for your quit response.

"signed interim" means she has already signed the quit claim while divorce paper is still in process. Maybe i should not use the word interim.

Can she use the divorce paper/agreement after the court approves it to defeat her signed quit claim to get her 50% share back later since the final divorce paper is going to come later this year?

There is no equity on the house currently. The house value is less than the outstanding mortage balance amount.

Thanks a lot
 

FlyingRon

Senior Member
Regardless of the prior transfers, the property settlement will look at all the marital assets. While they can't "reverse" the quit claim, they can count the property against you or compel to deed it back or sell it. However, absent any equity (or perhaps as a liability), it's hard to understand why they would.
 

ecmst12

Senior Member
If she wants to argue later, tell her you will gladly accept from her 50% of the mortgage balance, since technically it's a marital debt (whether her name is on it or not).
 

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