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Am I Entited To Half Of The House If I Get A Divorce But Have Done A Quit Claim On The House Before?

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Am I Entited To Half Of The House If I Get A Divorce But Have Done A Quit Claim On The House Before?

Postby bothan » Sat Feb 15, 2014 7:12 pm

A friend of mine has signed a quit claim on the house to his wife before, but is now going through divorce. Is he still entitled to half of the house since he lives in a community property state(CA)?
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Am I Entited To Half Of The House If I Get A Divorce But Have Done A Quit Claim On The House Before?

Postby Hyun-Shik » Sat Mar 01, 2014 4:49 am

Yes,"her" house is California community property unless she inherited or purchased separately.761 California Family Code:"except as otherwise provided by statute, all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this state is community property."770 California Family Codeseparate includes:(1) all property owned prior to the marriage;(2) all property acquired after the marriage by gift or inheritance; and(3) all rents, issues and profits of any separate property asset.http://www.bravefamlaw.com/faq-realestate.htm
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Am I Entited To Half Of The House If I Get A Divorce But Have Done A Quit Claim On The House Before?

Postby Frang » Sun Mar 16, 2014 12:53 am

Yes, "her" house is CA community property unless she gifted/inherited or purchased separately. Yes,"her" house is California community property unless she inherited or purchased separately.761 California Family Code:"except as otherwise provided by statute, all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this state is community property."770 California Family Codeseparate includes:(1) all property owned prior to the marriage;(2) all property acquired after the marriage by gift or inheritance; and(3) all rents, issues and profits of any separate property asset.http://www.bravefamlaw.com/faq-realestate.htm Sources: http://www.bravefamlaw.com/faq-realestate.htm LeheckaG 82 months ago Please sign in to give a compliment. Please verify your account to give a compliment. Please sign in to send a message. Please verify your account to send a message.
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