How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask socrateaser Your Own Question

socrateaser
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 34087
Experience:  Attorney and Real Estate broker -- Retired (mostly)
10097515
Type Your Real Estate Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

My ex-husband and I are divorced and the MSA was finalized

Resolved Question:

My ex-husband and I are divorced and the MSA was finalized in 2010. The family house was underwater during the housing bubble/financial crises. There was NO equity in the house, so this was not listed in the MSA. We have mutually agreed that I can have the family house. I have been living in the house and making the mortgage payments out of my sole and separate bank account. He moved out and did not make any payments. My ex-husband executed a quit claim deed. I’m the only person on the title/deed. However, his name is XXXXX XXXXX the mortgage note. Now, there is some equity in the house, can my ex-husband claim ownership interest on the property even though he signed a quit claim deed? If he owes money to his friends and creditors, can they claim my property? Where does California real estate law stand on this issue?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  socrateaser replied 1 year ago.
Hello,

Under California family law, any community property not divided during the dissolution is considered "omitted property." Either spouse can return to court at any time for a supplemental order from the court finally dividing the property.

Ordinarily, spouses have a fiduciary duty to each other and neither can gain an unfair advantage over the other prior to the final judgment of dissolution -- or the court will rescind any transaction where an unfair advantage was obtained.

After dissolution, however, the fiduciary duty is terminated with the judgment of dissolution. So, if the quitclaim was signed after the dissolution, the court would almost certainly enforce it against your ex-spouse, and he would be unable to claim any value from the property.

That said, there is no case law or statute which absolutely disposes of this particular question. It's actually quite a novel question of family law. I'm pretty certain that my answer is correct, but I cannot say it for an absolute certainty, because no appellate court has ruled on a similar set of facts (to my knowledge).

The presumption, at this point, however, is that your title is valid, and your ex would have to overcome that presumption by clear and convincing (overwhelming) evidence that he was deceived into transferring title to you. Evidence Code 662.

Hope this helps.
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 34087
Experience: Attorney and Real Estate broker -- Retired (mostly)
socrateaser and 5 other Real Estate Law Specialists are ready to help you
Customer: replied 1 year ago.

What about my ex-husband's creditors, can they claim my property?

Expert:  socrateaser replied 1 year ago.
The lender can reach the property, because it has a deed of trust. Other creditors cannot, unless they can prove that your husband transferred the property to you for less than reasonably equivalent value at the date of transfer. This is called a fraudulent transfer, under California law.

However, if the property was worth zero over loan value on the date of transfer, and you paid nothing for it, then it would be impossible to prove that it was transferred for less than reasonably equivalent value -- which means there was no fraud.

Based upon your described facts, your husband's creditors cannot reach this property.

Hope this helps.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Lawyer

    Satisfied Customers:

    6227
    20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Lawyer

    Satisfied Customers:

    4966
    13 years real estate, Realtor. Landlord 24+ years
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    4446
    I've more than 27 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg Ray's Avatar

    Ray

    Lawyer

    Satisfied Customers:

    4030
    Texas Attorney for 29 years dealing in real estate
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    2377
    12+ yrs. of experience including real estate law.
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    2355
    B.A.; M.B.A.; J.D.