Asked in Divorce and Civil Litigation for California

Q: My home in California is in my name only. I bought while married. We live in the home. Can my husband legally take?

He signed a quitclaim deed when I bought.

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1 Lawyer Answer
Tobie B. Waxman
Tobie B. Waxman
Answered
  • Culver City, CA
  • Licensed in California

A: Generally, a home purchased during the marriage is community property. Whose name is on title does not change that. A Quit Claim deed also doesn't necessarily change that. It depends on the expressed intent of the parties at the time of execution of that Quit Claim deed and it depends on what the Quit Claim deed says. A Quit Claim deed is not the same thing as or have the same legal impact as an interspousal transfer deed. You need to consult with an attorney directly so they can view your documentation.

Yelena Gurevich agrees with this answer

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