• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Divorce question

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Crusita

Junior Member
What is the name of your state? California

During my marriage I purchased a house but since my spouse had bad credit I took out the loan under my name only and the deed is under my name only. My spouse signed off the deed. Does my spouse have rights over the house even though he signed off the deed? Is the house considered community property even thought he signed off the deed? Does he have a right to put a lein on it so I can't sell?
 
Last edited:


Ohiogal

Queen Bee
Crusita said:
What is the name of your state? California

During my marriage I purchased a house but since my spouse had bad credit I took out the loan under my name only and the deed is under my name only. My spouse signed off the deed. Does my spouse have rights over the house even though he signed off the deed? Is the house considered community property even thought he signed off the deed? Does he have a right to put a lein on it so I can't sell?
You are still married? Here is the thing: A quit claim only gives you whatever the spouse had in the property at that time that the quit claim was signed. Since then the house has remained marital property. It was bought during the marriage using marital assets and marital income has probably paid the mortgage. Hence it is marital property and for you to sell the house you will need your spouse's permission. And he has a right to half the equity that accumulated in the house.
 

Crusita

Junior Member
He signed off on an interspousal deed transfer and also my husband did not work during that time we were married so I paid all the mortgage payments. When he did start his own business he kept his money separate and I kept mine separate. I also signed a release on a 100% ownership of stock on that business. Will this make a difference? This was an agreement between both of us.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top