Full question:
When I married my husband five years ago - he already owned our house and has kept it in his name. Recently he refinanced and I had to sign an Interspousal Transfer Grant Deed (even though I was not on the deed) Why did I have to do this? Have I signed away my right to our house - God forbid we get divorced after 10 years?
- Category: Real Property
- Subcategory: Deeds
- Date:
- State: California
Answer:
California is a community property state. In a divorce, the courts in California will divide the community property of the parties equally after setting aside to each spouse that spouse's separate property. Community property is presumed to be all property acquired by the parties during the marriage and held in joint form. This presumption may be rebutted by a clear statement in the title by which property is acquired that the property is separate and not community property or by proof that the parties have a written agreement that the property is separate property.
An interspousal transfer grant deed is used to transfer real property between spouses so the property is not reassessed for tax purposes, and may be used to convert community property into separate property. It is sometimes used when one spouse suffers credit problems that adversely impact the other spouse.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
