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RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 13899
Experience:  Experienced in multiple areas of the law.
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I would to know some topics about my home in California. I

Customer Question

I would to know some topics about my home in California. I was married 4 years ago, My Husband made loan last year for we buy house. and He argument to me I need sign paper Quitclaim Deed ,He says need sign that because I don't have income and the bank don't loan money for him. I did because he says later when he get loan he put my in the papers. Them I ask for that he says he cant ,he says he will sign trust where I can heritage that, when he died , and I ask What abut if we divorce , he says the law California will give you that. But I don't sign this trust he want do know, Need do that?
Submitted: 11 months ago.
Category: Family Law
Customer: replied 11 months ago.
Customer: replied 11 months ago.
Hello
Customer: replied 11 months ago.
ok
Customer: replied 11 months ago.
ok pass 20 minutes
Expert:  RobertJDFL replied 11 months ago.

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Expert:  RobertJDFL replied 11 months ago.

Under California law, assets (including a home) purchased during the marriage are considered marital property, regardless of who pays for them. Should you divorce, you would be entitled to half of the value of the home (less of course, whatever is owed on the mortgage, if anything).

He could also state that you inherit the home following your passing per the terms of his trust or a Last Will and Testament. Typically, spouses leave everything to one another first upon their death. You wouldn't need to sign that as a potential beneficiary -only he would, as the person making the legal document.

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Customer: replied 11 months ago.
Ok but how affect me I sign quit claim Deed
Customer: replied 11 months ago.
I signed before.
Expert:  RobertJDFL replied 11 months ago.

I want to make sure I understand -you bought the home during your marriage, but then he had you sign a quit claim deed to him? "

If so, why did you have to do that?

Customer: replied 11 months ago.
No,He bought home last year but he need
The Bank loan 390 thousand and he made me sign this paper because he says if I don't do that the bank don't loan money for him.
Customer: replied 11 months ago.
he says when Bank loan money to him
He put me back in their papers home. But I asking about that and he says he can't put me in their papers because I sign Quick claim Deed.
Expert:  RobertJDFL replied 11 months ago.

He could easily add you back to the deed by executing a quit claim deed giving you an interest in the property. That said, you quit claiming your interest isn't likely to change anything in the event of a divorce.

A quitclaim deed can change ownership to satisfy a lender if you want to refinance your marital home in just one name (which is what it sounds like you did), but if you end up divorcing, the deed probably will not impress the court. Judges in community property states will most likely still consider the property to be marital, owned equally by both of you, regardless of the deed.

Customer: replied 11 months ago.
he says much better we together sign trust 100 pages but many things says in the trust very different at the house property,like whom administre money or who pay Medical things
Customer: replied 11 months ago.
I think that dont say really a lot about house. Say many things else made me confuse. I WANT TO KNOW what we can sign about house different this confuse trust?
Customer: replied 11 months ago.
He has son 45 years old and he says in the trust if we deed he administrative everything.I have feeling that my husband made me sign this paper put me without house and now confuse me with this trust? 100s pages? What do you suggest is better for me?
Expert:  RobertJDFL replied 11 months ago.

I've honestly never seen a trust that is 100 pages long and I've done a lot of estate planning. Most are probably 25 pages or so.

To be added back to the property now, he can quit claim you 1/2 interest in the property, just like you quit claimed a share to him. But as I said, if he doesn't, it likely wouldn't make a difference anyway, and a court would likely consider property bought during the marriage marital/community property.

A trust is going to deal with what happens when one of you die. Estate planning needs are going to be different for every couple though. It really depends on your specific financial circumstances. Therefore I couldn't possibly adequately tell you what may be best for your needs. You need to BOTH sit down with an estate planning lawyer and talk about what would work best. Most estate planning attorneys would offer you a free or low cost consultation.

For many couples, I'd say that a simple Last Will and Testament is all each person would need to distribute their estate. As far as designating someone to make financial decisions for you should you become incapacitated while alive, that doesn't go in a trust -you can use a Power of Attorney to do that.

Customer: replied 11 months ago.
Suit claim Deed say The property is located in the city of Los Angeles FOR A VALUABLE CONSIDERATION,receipt of Wichit is hereby acknowledged LUZ Xxx
Spouse of Grantee.does hereby REMISE,RELEASE AND FOREVER QUITCLAIM To Danny a married man as his sole and separate property. The following described real property in the City Of Los Angeles As per legal description attached hereto as exhibit A And by this reference made a part hereof
Customer: replied 11 months ago.
This,conveyance establishes sole and separate property of a spouse R&T11911
Expert:  RobertJDFL replied 11 months ago.

Yes, I am aware of what the language in a quit claim deed looks like. Doesn't change my earlier answer -if you divorce, a court is likely to still treat the home purchased during the marriage as marital property subject to equal division.

Customer: replied 11 months ago.
In other words is not necessary sign trust much better he add me share in Quit Claim?
Customer: replied 11 months ago.
really was necessary for him had the loan sign this QUITCLAIM DEED?
Expert:  RobertJDFL replied 11 months ago.

A trust is only going to handle what happens to the property in the event he dies before you. It wouldn't help you if you divorce. I can't tell you what kind of estate planning needs would work best for your financial situation. As I said, you BOTH need to sit down with an estate planning lawyer and discuss that before you sign anything.

And yes, lenders sometimes do require that the party getting the loan have full interest in the property on the deed.

Customer: replied 11 months ago.
You are the best and I understand Thank You without
That trust I'm protect for California law.Also I can add the QUITCLAIM Deed,because he says is not possible do that last time.but he doesnt say why?
Customer: replied 11 months ago.
Also I forget mention something important
Customer: replied 11 months ago.
He was married before this house was under her deed wife and her son claim 390
Thousand for that reason he loan money for buy part house his son
Customer: replied 11 months ago.
Her son sorry
Customer: replied 11 months ago.
he has like 180 part home because he pay for 20 years the bank when he live with her
Customer: replied 11 months ago.
But when she died her son says she put house under his son name for this reason he,ask money to the bank
Customer: replied 11 months ago.
Whatever could be mine, I don't want if he died before me his some come to me same happend to him and say that is mine.
Expert:  RobertJDFL replied 11 months ago.

So it wasn't bought during the marriage between the two of you? Then it's not considered marital property, and you don't have any right to the home unless added to the deed, or arguably, if you contribute to it -e.g., if you pay the mortgage every month, you could argue you are entitled to at least what you put into it. I was under the impression you bought the home while married to one another.

I'm sorry, but I don't really understand what happened between him and the son being added to the deed?

Quite honestly, I think you need to take the deed to a lawyer to review and discuss it. However, as I understand it now this home was NOT purchased during your marriage to your husband, therefore it is not marital property. You would have no right to a portion of it in a divorce in this case unless you were added to the deed or paid into the home in which case you could argue you are owed a share.

If he wants to leave you the home should he die before you, he can do that.

Customer: replied 11 months ago.
He bought house during we married because the house before only under her son wife she put home before she died,for this reason he loan money for pay his son 390 thousand for pay house put under his name.
Customer: replied 11 months ago.
What is the smart recomendation?for me without see lawyer ?
Customer: replied 11 months ago.
He says never quiet claim can be reverse?