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Dimitry K., Esq.
Dimitry K., Esq., Attorney
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California Quitclaim v. Community Property: 2nd Wife signed

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California Quitclaim v. Community Property: 2nd Wife signed Quitclaim in 2003, after 20 years of marriage (in order to avoid creditors). In 2009, husband quitclaims property to Trust. 2010 husband passes away, children to inherit property. 2nd wife claiming community property interest. Question: Does community property rights supercede, even though quitclaim signed 7 years prior?

Thank you for your question. Please permit me to assist you with your concern.

That is a very good question. Following what happened here, once the property was quit-claimed, it no longer became community property if it was transferred into a trust. As a consequence the 2nd wife WOULD be able to claim the property as community property if when the spouse passed away he still has full ownership, but WOULD NOT if that property was moved into a trust, which is what happened here. As a consequence I see that the right was severed when the transfer into trust took place, as at that time the property was solely owned by one of the spouses.

Good luck.

Customer: replied 3 years ago.

Thank you! Actually the trust specifies that 1/2 of the property is in trust. (The other half was quitclaimed to the husband's adult son, the day after the 2ndwife signed off). Would the adult son's interest be in jeopardy?

Thank you for your follow-up.

You are most welcome! Anything quit-claimed to a third party outside the marriage, be it a trust or a family member is no longer 'community property'. Therefore anything formally quit-claimed to the son prior to passing is his to own and control. The surviving spouse would not have the right to this property at this time.

Good luck!

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