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AttyHeather, Lawyer
Category: Family Law
Satisfied Customers: 512
Experience:  Attorney with 15 years experience
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Can I file ex parte so I can file my desired property papers

Customer Question

Can I file ex parte so I can file my desired property papers that is in currently in escrow, as a married woman as her sole and separate property? I live in California. My soon to be ex husband agreed and sign the interspousal transfer grant deed w/ notarization in his country of the Philippines. But when I went to file, the Merced County Clerk said that it had to be signed differently. I heard that I can file ex parte and judge can order the County Clerk to file the form as is. Is this true?
Submitted: 6 months ago.
Category: Family Law
Expert:  Legalease replied 6 months ago.
Hello there ---I have not heard of an exparte hearing where the judge will force the county to accept paperwork. If you are purchasing this property in your own name then you should simply have the deed made out to you. You then hold onto the interspousal transfer documents and get something in writing from your spouse that he has no interest in the property in CA and you will be able to keep the property as your own in the event of a divorce at some point down the line. Although CA is a community property state, it does not automatically mean that everything purchased while married is marital property and if you can show that you purchased it yourself and you have the deed sign off and another writing sign off by your husband and you put them in a safe place, then any divorce court would not consider the property community property. -I hope that helps. Please let me know if you have any further questions. IF not, can you please press a positive rating so I will be paid for my time (a positive rating is pressing the middle star or the fourth or fifth star on the right of the middle star above). Doing so will not cost you any additional money -- it simply acts as the trigger to Just Answer to pay me for my time assisting you today.-MARY
Customer: replied 6 months ago.
Mary, we are unable to record property in my name, recorder's office is refusing to record property as single in separate property because I am still legally married and even though I filled for divorce that will become final in September she wants my husband to sign. My husband signed but did not do it the way the county clerk wants it. Can you tell me of any way to buy a house without my husband being involved since he states that he can not do it the way the clerk wants it (going to US Embassy in Philippines to get them to notarize). He can't because he does not have the 3 forms of government id or a current valid passport.
Thank you,
Expert:  Legalease replied 6 months ago.
Hello again ---I think the recorder's office is not correct. There are plenty of multi millionaires with prenuptial agreements who purchase properties in their own names despite the fact that they are married. However, I am going to opt out of this question and put it back on the board and perhaps one of the other attorneys can assist you with it. -MARY
Expert:  AttyHeather replied 6 months ago.
Hi, I'm Heather S, an attorney with 15 years experience. My assistance is for education, but not to be construed as legal advice. In California, you will have to indicate that you are a married person on the deed. California also requires that the spouse either be on the deed, or sign a quit claim deed, to show that they want no part of the transaction and will not claim part by virtue of the marriage. In my research, I have not found an ex parte application form (I'm not saying it cannot be done, but I have not found do-it-yourself forms that you could use.) Have you considered setting up a business entity, like a corporation, and having the purpose of the corporation be to hold title to the real estate? (And then set up the corporation with yourself as the sole owner.) You could then have the property deeded to your corporation, which you own, and this would bypass the need to get your husband to sign the quit claim, and would also bypass the need to get the ex parte motion in front of a judge.Let me know if this helps.

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