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If her name is ***** ***** deed, then she owns a 1/2 interest, but if she deeds her interest to you, then she would have no interest.....and community property issues wouldn't arise in this instance because she has deeded her interest to you during the marriage.....so you should be considered the sole owner.
You likely would want to have an interspousal transfer deed issued from her.
Here's a good link you can read: http://www.divorcenet.com/resources/divorce/marital-property-division/interspousal-transfer-grant-deeds-vs-quit-claim-deed
Here's a good link to a sample document: http://ceb.com/jcforms/njdeedi.pdf
An intefspousal deed is the way to transfer her interest to you and to make it non-marital property.
The law presumes that if someone signs a document, he/she has read it. Absent a showing of fraud, the deed will stand....and fraud is VERY hard to prove.
Yes, but if the spouse gives up his/her interest in the property via a deed, then that's a voluntary abandonment of the property interest.
It really should make no difference whether you transfer it to a trust or not.
If she disclaims her interest in the property, then that's all that should matter.
It would.....and the fact that she signed the document is the best evidence. As I said, the law presumes that if someone signs a document, it is PRESUMED that the person read and understood what he/she was doing.
It's best for an attorney to draw it up and have him/her advise your spouse about what she's doing as well.
I don't know about that. You'd have to call the local tax assessor's office and ask.
If she would sign the deed and a post-nuptial, that would certainly be best as it would eliminate the community property issue.
You should consult a local lawyer about drawing up the documents for your spouse to execute. Thanks for your question and have a great night. Our 10 minute session has long since ended and the question is about to time out. Good luck and have a great night.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am a DIFFERENT CONTRIBUTOR.
Under CA community property law, all property acquired during marriage is PRESUMED community property. This PRESUMPTION is a rebuttable presumption. What this means is that even though the house was acquired in both names and it is now community property, if the spouse does a spousal transfer deed (which by the way under the CA different tax Propositions IS NOT an event that causes a tax change) then they have given up their community property interest in the home. So it is NOT true that if she agrees and gives a spousal transfer deed (quit claim) to you, that the court would still consider it community property. In fact, when filing these deeds, she also must sign what is called a "waiver of community spousal interest" and it is simply a document that is written that states she has transferred her legal interest in the property to you and waives any community property interest in the home. She signs that with the quit claim deed and both of those are filed with the recorder of deeds and the court WILL NOT find that this property is community property in the event of divorce.