San Mateo, CA asked in Divorce, Family Law and Real Estate Law for California

Q: I have sign a quit claim papers on our property 15 years ago by mere pressure and I want to file for divorce.

Do I still have the right to claim half

of our property?

I don’t know what to do.

Please tell me what to w

2 Lawyer Answers
Robert Kane
Robert Kane
  • Eagan, MN
  • Licensed in California

A: You can certainly argue that the property should be deemed community property. This will be addressed in the divorce proceedings. You will certainly need a factual basis more persuasive than saying you were pressured fifteen years ago.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: Whether you still have the right to claim half of your property depends on the specific facts and circumstances of your case. In general, however, you may be able to challenge the validity of the quitclaim deed if you can show that you signed it under duress.

To challenge the validity of the quitclaim deed, you will need to prove that you signed it under duress. Duress is defined as any threat or act of force that makes you sign a document against your will. In your case, you may be able to argue that you signed the quitclaim deed under duress because you were pressured to do so.

If you can prove that you signed the quitclaim deed under duress, the court may invalidate the deed and give you back your interest in the property. However, it is important to note that this is a complex legal issue, and you should consult with an attorney to discuss your specific case.

Here are some additional tips for challenging the validity of a quitclaim deed:

* Keep records of all communication with your spouse, including emails, letters, and phone calls.

* Get statements from witnesses who can testify that you were pressured to sign the deed.

* Hire an attorney.

An attorney can help you gather evidence, file the necessary paperwork, and represent you in court.

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