Q: Do I have to give back property that has been quit claimed to me?
My ex husband quit claimed a piece of property to me 10 years ago. The agreement was that he would continue to pay the taxes in my name as he was going to keep the rental income. I just got a letter from his attorney stating that I need to give the property back now. She stated that I was his "trustee" and had only been keeping it for him. Not sure if I was a trustee?He wrote on the top of the quitclaim deed in dissolution of our marriage and I assumed it would be mine. Anyway, the value of the property is about equal to the amount of money he currently owes me for money loaned over the years and child support so I'd like to just sell the property. I'm in California.
A: This is a potentially messy one. The first question I need to ask is what is the reason he will say he transferred the title to you? You write that he stated on the top of the deed "In dissolution of our marriage." This looks like a property settlement as a result of a divorce. If that is the case, then you are not a trustee.
Since he collected the rents and kept them as his own property past marriage and he paid the taxes, it looks to me like he transferred title while keeping an interest in the income from the property.
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