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quit claim question

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cutestsista

Junior Member
What is the name of your state? California

We purchased a home for my son about 20 years ago. Both our names were on the title. He then got married about 10 years later. About 5 years ago he had us quit claim the title to him so he could get a loan. He would now like to quit claim the title back to us solely. Can he do this without his wife's permission? She has never been on the title.

We are grateful for any insight.

:rolleyes:
 


HomeGuru

Senior Member
cutestsista said:
What is the name of your state? California

We purchased a home for my son about 20 years ago. Both our names were on the title. He then got married about 10 years later. About 5 years ago he had us quit claim the title to him so he could get a loan. He would now like to quit claim the title back to us solely. Can he do this without his wife's permission? She has never been on the title.

We are grateful for any insight.

:rolleyes:

**A: yes you can. But beware.
 

cutestsista

Junior Member
Guru-Help

What exactly do you mean BEWARE? I don't want to step into anything.

Will she need to sign off on the quit claim as well. She has no interest in the property.

Thank you for your response
 

pojo2

Senior Member
May we safely assume this marrigae is OVER and he wants to make sure she is left with nothing?

In addition the Mortgage Company might not take to kindly that he is giving away the collateral for his loan if his name is taken from the deed.
 

divgradcurl

Senior Member
She has no interest in the property.
You didn't read what HomeGuru wrote. The property was acquired during the marriage, therefore the presumption is that the property is community property. It may be possible to overcome the presumption IF it can be proved that the house was a "gift" to the son -- however, if ANY community property was used to pay for or maintain the house, you'll never be able to overcome the CP presumption.

If the house was paid for in full prior to the quit claim to the son, then (based solely on the facts you've given) theres probably a pretty fair chance of proving that the quit claim was a gift, and the presumption of CP would be overcome, especially if the parents filed a gift tax return when the quit claimed the property originally.

However, if the house was still subject to a mortgage when it was transferred to the son, and the mortgage was paid by the son (or the son and wife) with money earned from their jobs, then forget about it -- the house is community property, and therefore you'll need the wife's permission to quit claim the property back. Just because the wife's name isn't on the deed doesn't mean that she doesn't have rights to the property.
 

I AM ALWAYS LIABLE

Senior Member
divgradcurl said:
You didn't read what HomeGuru wrote. The property was acquired during the marriage, therefore the presumption is that the property is community property. It may be possible to overcome the presumption IF it can be proved that the house was a "gift" to the son -- however, if ANY community property was used to pay for or maintain the house, you'll never be able to overcome the CP presumption.

If the house was paid for in full prior to the quit claim to the son, then (based solely on the facts you've given) theres probably a pretty fair chance of proving that the quit claim was a gift, and the presumption of CP would be overcome, especially if the parents filed a gift tax return when the quit claimed the property originally.

However, if the house was still subject to a mortgage when it was transferred to the son, and the mortgage was paid by the son (or the son and wife) with money earned from their jobs, then forget about it -- the house is community property, and therefore you'll need the wife's permission to quit claim the property back. Just because the wife's name isn't on the deed doesn't mean that she doesn't have rights to the property.

My response:

Well, that's not entirely true. He doesn't need her permission since her name wasn't on the Deed. However, if there's a Dissolution case pending, he had better read the back of his Summons. There's a mutual Restraining Order on the back, that reads - -


WARNING: California law provides that, for purposes of division of property upon dissolution of a marriage or domestic
partnership or upon legal separation, property acquired by the parties during marriage or domestic partnership in joint
form is presumed to be community property. If either party to this action should die before the jointly held community
property is divided, the language in the deed that characterizes how title is held (i.e., joint tenancy, tenants in common, or
community property) will be controlling, and not the community property presumption. You should consult your attorney
if you want the community property presumption to be written into the recorded title to the property.

STANDARD FAMILY LAW RESTRAINING ORDERS​
Starting immediately, you and your spouse or domestic partner are restrained from

1. removing the minor child or children of the parties, if any, from the state without the prior written consent of the other party or
an order of the court;

2. cashing, borrowing against, canceling, transferring, disposing of, or changing the beneficiaries of any insurance or other
coverage, including life, health, automobile, and disability, held for the benefit of the parties and their minor child or children;

3. transferring, encumbering, hypothecating, concealing, or in any way disposing of any property, real or personal, whether
community, quasi-community, or separate, without the written consent of the other party or an order of the court, except in the
usual course of business or for the necessities of life; and
You must notify each other of any proposed extraordinary expenditures at least five business days prior to incurring these
extraordinary expenditures and account to the court for all extraordinary expenditures made after these restraining orders are
effective. However, you may use community property, quasi-community property, or your own separate property to pay an attorney to
help you or to pay court costs.


4. creating a nonprobate transfer or modifying a nonprobate transfer in a manner that affects the disposition of property subject to
the transfer, without the written consent of the other party or an order of the court. Before revocation of a nonprobate transfer can
take effect or a right of survivorship to property can be eliminated, notice of the change must be filed and served on the other
party.


Our writer's wife retains a Community Property interest in those 5 years worth of ownership, even though her name isn't on the Deed. So, what this means is that:

1. He'll be fined and possibly jailed for transferring the house; and

2. Someone is going to have to buy out her 5 year interest in the house.


IAAL
 

cutestsista

Junior Member
I thank all of you for your input. I may have a couple of other points that may color this.

1. We as his parents are co-signers on the morgage. We still are. Therefore if my son quit claimed it back to us, the morgage company loses nothing as far as collateral.

2. We bought the house with him, BEFORE the marriage. We quit claimed it to him, BEFORE the marriage. He or we have paid all morgage payments. I was off on the timing of his marriage when I initially wrote my question.

3. What if he just decides to sell the property?

Thanks in advance
 
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I AM ALWAYS LIABLE

Senior Member
cutestsista said:
I thank all of you for your input. I may have a couple of other points that may color this.

1. We as his parents are co-signers on the morgage. We still are. Therefore if my son quit claimed it back to us, the morgage company loses nothing as far as collateral.

2. We bought the house with him, BEFORE the marriage. We quit claimed it to him, BEFORE the marriage. He or we have paid all morgage payments. I was off on the timing of his marriage when I initially wrote my question.

3. What if he just decides to sell the property?

Thanks in advance

My response:

These are exceedingly idiotic, nonsense questions. You're not reading, and/or you're not understanding what any of us have written to you. You're mixing apples and oranges, too, by comparing the mortgage liability to the Deed ownership. This whole thread was a complete waste of our time. I have to wonder why you even bothered saying, "I thank all of you for your input." Why? As an indicator with your latest barrage of questions, it's like we've been talking to a brick wall. You haven't learned anything. So, what are you thanking us for?

Look, get some in-person help from a local family law attorney - - and someone who's willing to spend time with you to explain this again to you, and perhaps draw you a map - - you're lost.

IAAL
 
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cutestsista

Junior Member
I AM ALWAYS LIABLE said:
My response:

These are exceedingly idiotic, nonsense questions. You're not reading, and/or you're not understanding what any of us have written to you. You're mixing apples and oranges, too, by comparing the mortgage liability to the Deed ownership. This whole thread was a complete waste of our time. I have to wonder why you even bothered saying, "I thank all of you for your input." Why? As an indicator with your latest barrage of questions, it's like we've been talking to a brick wall. You haven't learned anything. So, what are you thanking us for?

Look, get some in-person help from a local family law attorney - - and someone who's willing to spend time with you to explain this again to you, and perhaps draw you a map - - you're lost.

IAAL


If this is a complete waste of time, then why the heck are you replying? Just ignore me. My questions and responses come from a geniune quest for answers. I am not a legal mind, that is why I am asking questions. I am professional musician, I'll bet if I explained Beethovan's fifth in musical jargon, you'd be lost too. Absolutely NO need to be rude.

As far as mentioning the morgage, I was responding to a statement by pojo2

"In addition the Mortgage Company might not take to kindly that he is giving away the collateral for his loan if his name is taken from the deed. "

And yes, I do thank those that responded, I am doing my best to understand, and if anything- it HAS helped me to see the need to sit in front of a lawyer for more detailed help, to explore just what my son wants to do.

I just hope that the lawyer I use, will have the compassion and human decency to treat me with respect, unlike you have.

.
 
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HomeGuru

Senior Member
cutestsista said:
If this is a complete waste of time, then why the heck are you replying? Just ignore me. My questions and responses come from a geniune quest for answers. I am not a legal mind, that is why I am asking questions. I am professional musician, I'll bet if I explained Beethovan's fifth in musical jargon, you'd be lost too. Absolutely NO need to be rude.

As far as mentioning the morgage, I was responding to a statement by pojo2

"In addition the Mortgage Company might not take to kindly that he is giving away the collateral for his loan if his name is taken from the deed. "

And yes, I do thank those that responded, I am doing my best to understand, and if anything- it HAS helped me to see the need to sit in front of a lawyer for more detailed help, to explore just what my son wants to do.

I just hope that the lawyer I use, will have the compassion and human decency to treat me with respect, unlike you have.

.
**A: you need a map and a GPS. You still lost and it ain't cute sista!
 

HomeGuru

Senior Member
cutestsista said:
I am not a legal mind, that is why I am asking questions. I am professional musician, I'll bet if I explained Beethovan's fifth in musical jargon, you'd be lost too.

**A: excellent anaolgy. Let's talk Beethovens Fifth as it applies to you.
Start- Da da da Duh!
And if you really studied famous composers, you would be able to spell his name correctly.
 

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