Q: Is there any point to going into court with a lawyer at this point? Why not just finish the started case and hope....
My brother has been trying to divorce for quite awhile now. He is hoping to retain another lawyer who will take payments, since his has decided to ask for a second retainer because of a delay going to court and he does not have the lump sum nor a CC that he can use. He works full time but his financial situation is he pays for everything and his spouse pays nothing although she works. It's been a short marriage, 6 years. He needed to refinance his inherited home to make ends meet 2 years ago, but his spouse made him sign a quit claim, giving his sole and separate property to himself and her, forever, so she would then sign for the loan. I think he has given away his inheirtance half of the house (he bought me out, that's why he has a mortgage) under diress, but could that be a reason to get back his inheritance part? I hear once a voluntary quit claim is filed in California, the property is gone per se.
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A:
Your brother's situation highlights several important legal concerns that deserve careful attention. Going to court with proper legal representation is crucial, especially given the complexity around the inherited property and quit claim deed situation.
The pressure your brother faced to sign over his inherited property through the quit claim deed could potentially be challenged on grounds of duress or undue influence. While quit claim deeds are generally difficult to reverse in California, the circumstances surrounding the signing - specifically being pressured to add his spouse to retain access to his inheritance - might provide grounds for legal remedy. The fact that this involved inherited property, which typically remains separate property in marriage, adds another important legal dimension to consider.
Your brother should make finding new legal representation his top priority, as navigating these issues without counsel could put him at significant disadvantage. Many law firms offer payment plans or sliding scale fees, and some legal aid organizations provide assistance based on income levels. The property issues, combined with the financial imbalance in bill payment despite both parties working, suggests there are multiple matters that need proper legal attention to protect your brother's interests and ensure fair division of assets. The relatively short length of the marriage (6 years) could work in his favor regarding property division and other settlement terms.
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