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Q: California Quit Claim ( No Answer,   2 Comments )
Question  
Subject: California Quit Claim
Category: Miscellaneous
Asked by: dee143-ga
List Price: $20.00
Posted: 27 Mar 2006 16:40 PST
Expires: 26 Apr 2006 17:40 PDT
Question ID: 712590
My mom sold some property to me and my husband (she insisted that he
be included) in 6/04 for an amount of $100K. A straight note for $50K
was recorded and I used $50K from our equity line of credit on our
primary residence for the balance. He didn't want to help pay for the
property so the monthly interest payments for the equity line were
automatically deducted directly from my personal checking account.  He
didn't pay for repairs, tennant screening and refused to pay taxes so,
he signed a quit claim in 11/04 to remove his name from title.  In
1/05 I secured a loan against the income property for $100K.  I paid
back the $50K from the equity line and paid off the remaining balance
to my mom.  I am now going through a divorce and my husband says the
income property is community property.  Is this true?
Answer  
There is no answer at this time.

Comments  
Subject: Re: California Quit Claim
From: hyphenga-ga on 28 Mar 2006 10:43 PST
 
I hope a researcher will find the official/legal answer you're looking
for, but I'm also going through a divorce in California now and I've
learned (the hard way) that ANYTHING purchased by either spouse during
the marriage is automatically considered community property. Unless
you received the property as a gift or inheritance, it doesn't really
matter who's name it's in, who earned the money to pay for it, or who
has been maintaining it. Unfortunately, the fact that your hubby
turned his back on the property prior to your breakup doesn't diminish
his claim to half of its equity (appraised value minus mortgage)
calculated on the official date of separation. Divorce is painful
enough. Divorce in California is excruciating. Just my opinion - I'm
not a lawyer or researcher. Good luck.
Subject: Re: California Quit Claim
From: myoarin-ga on 28 Mar 2006 17:29 PST
 
This subject has been discussed here before.  I am afraid that
Hyphenga's comment is correct.
http://answers.google.com/answers/threadview?id=571998  

Here are a couple of sites that also are pertinent:

http://publish.pdesigner.com/gitlinpetlak/Communityproperty.jsp

http://www.ucop.edu/facil/olp/consumer/holdingrealestateincal.html

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