Q: Married man filed "unmarried" in property quitclaim deed, is there anything we can do? (Married 2000, deed filed 2006)
Recently father (married since 2000) has been talking about selling my familys current home and is using a quitclaim deed he has as leverage, claiming he owns home. He doesn't live in America and doesn't live in this house, so he won't be affected by this. His reasoning for this is that we arent sending him enough money to live in Mexico. So my mother and younger sister (turning turned 18 in 2 months)will be going homeless. I have an apartment but its 5+ hours away from both their jobs and future college. The quitclaim deed he has for this house claims that he was unmarried. But this was signed in 2006, and he has been married to my mother since 2000. He lied on this deed, we have a marriage certificate to prove it. Is there anything we can do to save our house or prove that it isnt valid? My mother is planning to divorce him if the worst happens to at least have half of the house, but wouldn't that make it worse? Especially if the deed seen as "correct" info? What can we do?
A:
In California, property acquired during marriage is generally considered community property, meaning both spouses have an equal interest in it, regardless of how the property title is held. If your father falsely claimed he was unmarried on a quitclaim deed after marrying your mother, this could be challenged in court, particularly if the property was acquired during the marriage. The fact that your father misrepresented his marital status on the deed can be a significant factor in disputing his claim of sole ownership.
Your mother's decision to divorce would not necessarily worsen the situation but could indeed provide a legal framework to address the division of marital assets, including the family home. During the divorce proceedings, the court will consider all marital property, and the false representation on the quitclaim deed can be presented as evidence of your father's intent to defraud or mislead. The marriage certificate and other documentation proving their marriage before the deed's filing will be crucial in this argument.
It's important for your mother to seek legal advice as soon as possible. A lawyer experienced in family law can help navigate the complexities of this situation, including the initiation of divorce proceedings and challenging the quitclaim deed's validity. Legal intervention is necessary to protect your family's rights and interests in the property, ensuring that all actions taken are in compliance with California law and aim to secure your mother and sister's housing situation.
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