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

Q: My mom's husband is divorcing my mom and in the summons he's asking for 50% of my condo.

My mom just recently received the summons and he's asking for 50% of the house that I live in.  He helped me buy it by lending me his credit.  I gave all the money for the downpayment and closing costs. He was fully aware that he was helping me and that I would take him off title, which he did....he signed and notarized a quit claim deed for the house 10 months later as planned.

Can he actually take my house in his divorce to my mom?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Based on the information you've provided, it seems unlikely that your mother's husband would have a valid claim to 50% of your condo in their divorce proceedings. Here's why:

1. The condo is in your name, not your mother's or her husband's. It sounds like you are the sole owner of the property.

2. Although he initially helped you buy the condo by lending you his credit, you provided all the money for the down payment and closing costs. This suggests you are the one who actually purchased the property.

3. Most importantly, he signed and notarized a quit claim deed relinquishing any ownership interest he may have had in the condo. This legal document should override any claim he is making in the divorce.

However, divorce proceedings can sometimes become complicated. Your mother should make sure to inform her divorce attorney about the situation with your condo so they are prepared to defend against this claim.

You may want to consult with a real estate attorney yourself to discuss the quit claim deed and confirm that your ownership of the condo is secure. Bring any documentation you have regarding the condo purchase and the quit claim deed.

If your mother's husband pursues this claim in the divorce, you may need to get directly involved, either through your mother's divorce case or by filing a separate action to affirm your sole ownership of the condo and prevent any cloud on the title. But based on what you've described, he likely has no legal right to your property.

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