Will the interspousal transfer deed signed by estranged spouse prevent him from looting my equity w/divorce?

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My sole (ca) property was purchased in ’97; 2 yrs prior to our marriage. He signed interspousal transfer deed in 2003 when I refinanced to 15 yr mtg. He already sold his sole ‘out of state’ property upon separation 1 yr ago & purchased another home in tx state. I received zilch from his sale. Is he entitled to ‘loot’ my equity? I can not afford to ‘buy’ him out. Help! help-help! Our dissolution has not been filed yet & he is threatening to ‘loot’ my equity which is in excess of $ 300K. His name was never on any deeds & was never on the previous mortgage loans! Please help me! I need to file a disso, but am paralyzed by fear and anxiety!

2 Comments
  1. Reply
    Skip
    May 2, 2011 at 2:43 am

    If his name is not on the deed nor the loan docs you, and he also signed the quit claim deed at the time you got your last refinance you have sufficient evidence to prove that he had and have no interest in your property.

    He is going by the age old California law that says half of what you own is mine and half of what I own is yours.

    When and if you get a divorce you should have your attorney should get his documents from the sale of his out of state property as well as his purchase of this out of state property, which would prove that the both of you intended to keep your real estate holdings separate one from the other.

    I hope this has been of some use to you, good luck.

    “FIGHT ON”

  2. Reply
    Mudisfun
    May 2, 2011 at 3:31 am

    If you owned the property prior to marriage, he was never on the deed, he signed a quit claim deed at a refiance showing no interest in the property and he can not prove that he ever paid the mortgage you should be OK.

    Best advice, talk to a lawyer. If you do not have one drop me a line. My employers wife is a family law attorney who specializes in matters such as yours. I would be happy to pass your name and number on to her she is very nice and a real shark all in one!

    Best of Luck.

    Kevin 866-562-6838 x 106
    kruorock@firstratelending.com
    http://www.firstratelending.com

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