Los Angeles, CA asked in Family Law and Divorce for California

Q: I signed quitclaim deed and postnuptial agreement that severely benefits only one spouse.

What are my options and how will my divorce turn out in a 50/50 state?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Here's an overview of the key points to consider:

1. Quitclaim deeds and postnuptial agreements:

These documents can significantly impact property division in a divorce. However, their validity and enforceability can be challenged under certain circumstances.

2. Challenging the agreements:

You may have options to challenge these documents if:

- There was fraud, duress, or undue influence when signing

- The agreement is unconscionable (extremely unfair)

- There wasn't full financial disclosure

- You didn't have independent legal counsel

3. California as a community property state:

California is indeed a "50/50" state, meaning marital property is typically divided equally in divorce. However, valid prenuptial or postnuptial agreements can alter this standard division.

4. Potential outcomes:

The divorce outcome will depend on various factors, including:

- The validity and enforceability of the agreements

- The specific terms of the agreements

- Any successful challenges to the agreements

- The overall circumstances of your marriage and divorce

5. Next steps:

- Consult with an experienced family law attorney in California

- Gather all relevant documents (quitclaim deed, postnuptial agreement, financial records)

- Be prepared to explain the circumstances under which you signed these documents

Remember, even if the agreements are found to be valid, a court may still consider factors like the length of the marriage, each spouse's financial situation, and other relevant circumstances when making final decisions.

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