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I signed an interspousal deed ten years. My husband claims this is his separate property.

I signed an interspousal deed ten years. My husband claims this is his separate property.

Full question:

I signed an interspousal deed ten years ago requested by the bank so my husband could refinance as my credit was no good. My husband got arrested for corporal punishment on my son. Things are not working out and a divorce maybe in order. My husband insists this is his sole separate party and he will sell and leave us homeless? Is this house really solely his?. I paid bills ten plus years and owned my own business and helped him pay all house bills. Can you elaborate if I signed my rights away and children are not considered on where they shall live?

Category: Divorce
Subcategory: Community Property
Date: 04/07/2025
State: California

Answer:

Generally when an Interspousal Deed is made, it makes the property the separate property of the spouse receiving the property. In your case the question will be whether the property is considered community or separate property.

Based on the facts as your State them this will more than likely be a question for the Court to decide. It could be that the property be considered yours if you owned it before marriage, his due to the voluntary conveyance or community property. You should consult a local attorney to discuss all the facts to get an opinion.

We do find in the California Family Code the following which prohibits a spouse from being excluded from a dwelling owned by the other subject to certain exceptions.

752. Except as otherwise provided by statute, neither spouse has
any interest in the separate property of the other.

753. Notwithstanding Section 752 and except as provided in Article
2 (commencing with Section 2045), Article 3 (commencing with Section
2047), or Article 4 (commencing with Section 2049) of Chapter 4 of
Part 1 of Division 6, neither spouse may be excluded from the other's
dwelling.

754. If notice of the pendency of a proceeding for dissolution of
the marriage, for nullity of the marriage, or for legal separation of
the parties is recorded in any county in which either spouse resides
on real property that is the separate property of the other, the
real property shall not for a period of three months thereafter be
transferred, encumbered, or otherwise disposed of voluntarily or
involuntarily without the joinder of both spouses, unless the court
otherwise orders.

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.

FAQs

Can a spouse be removed from a deed?

Yes, a spouse can be removed from a deed through a legal process. This typically involves executing a quitclaim deed or an interspousal transfer deed, which transfers ownership from one spouse to another. However, both spouses must agree to the removal, especially if the property is considered community property. It's advisable to consult with a local attorney to understand the implications and ensure the process is done correctly.

What is the purpose of an interspousal transfer deed?

An interspousal transfer deed is used to transfer property ownership between spouses. It is often employed during refinancing, divorce, or estate planning. This deed can clarify property rights and may convert community property into separate property for one spouse. It's essential to understand the legal consequences of signing such a deed, so consulting an attorney is recommended.

Does a divorce decree override a deed?

A divorce decree can affect property ownership, but it does not automatically override a deed. If a property is designated as separate property in a deed, the decree must specify how the property will be treated. Courts generally enforce the terms of the decree, but it’s crucial to ensure that the deed aligns with the divorce settlement. Legal advice is important in these situations.

What is a quitclaim deed most commonly used for?

A quitclaim deed is most commonly used to transfer interest in a property without any warranties. It is often utilized in divorce settlements, to remove a spouse from the title, or to transfer property between family members. This deed effectively relinquishes any claim to the property, but it does not guarantee that the property is free from liens or other claims.

What type of deed is most commonly used?

The most commonly used deed is the warranty deed. This type of deed provides a guarantee that the grantor holds clear title to the property and has the right to transfer it. Warranty deeds are often used in real estate transactions to protect the buyer from future claims against the property. However, quitclaim deeds are also frequently used, especially in family transfers and divorces.

Which type of deed is used most often in divorce?

In divorce proceedings, a quitclaim deed is often used to transfer property between spouses. This deed allows one spouse to relinquish their interest in the property to the other. It is a straightforward way to clarify ownership after a divorce, but it does not provide any guarantees about the property's title. Legal guidance is advisable to ensure proper handling of property transfers.