History:  I inherited property (in 1987) prior to marriage (1991).
Later (in 1992) I discovered that my bad credit history prevented my
spouse and me to qualify for a conventional loan to purchase our own
home.  I deeded my property to him as separate property as instructed
by escrow instructions to clear the title and close the loan.  Except the
transfer was not deeded as a "gift between spouses" rather as a
"valuable consideration" and the appropriate transfer tax was paid and
recorded on the deed of transfer. I was nevered compensated for the
"valuable consideration"...can I demand payment or is the deed
voidable? Summary: I am in the midst of an ugly divorce in which I am
being told that I "gifted" the property to my spouse and I am not
entitled to compensation.  No discussion of the transfer tax comes up
and no acknowledgement that there was a "VALUABLE CONSIDERATION" set
by paying the transfer tax.  A recent ruling (Oct. 2005-marriage of
matthews) was shoved under my nose to read that would be used to argue
against my plea for
compensation. If the evidentuary statute is the deed itself, then
shouldn't we look at how the deed is "valued"...i. e. the transfer tax
codes??

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Request for Question Clarification by hagan-ga on 01 Dec 2005 10:41 PST

Jackie, what state is this occurring in?

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Clarification of Question by justice4jackie-ga on 01 Dec 2005 13:33 PST

hello, the subject is California family law...doesn't it show in the
form of my question???