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I live in California and have been legally seperated for 10…

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I live in California and...
I live in California and have been legally seperated for 10 years. I have been paying temporary spousal and child support since then. I have also lived in an apartment paying rent for the past 10 years. I recently found a house I wanted to buy and asked my legally-seperated wife if she would sign a quit deed so I can buy it in my name. She agreed but now is backing off saying she doesn't think she should do it because it wil cost her money when we settle. I tell her it doesn't make a difference since we are legally seperated and that when we finalize she will get what she has coming regardless of whether I purchased a house on my own with her signing a quit deed. I told her that signing the quit claim actually protects her from being tied to it should I foreclose or have any other issues with it. Who is correct?
Just so you know we were going through a divorce in Pennsylvania where we became legally seperated and I have the court order where they deduct the support from my paycheck every month. My wife moved back to California after that and we didn't finalize since then. I moved out 10 years ago to be near my kids.The proceeds from the sale of our house are sitting in a bank account that we can't touch until we mutually agree or settle. The money I would use for the downpayment for this new house is money I saved since we separated. I asked her if she would sign a quit claim deed and she said yes. as a result, I signed a contract for the house and paid for upgrade floors that are now installed. Now that she is hesitant about signing it I am worried I am going to have to walk from my $40,000 invested already in deposit and upgrades. Can you please let me know what signing a quit claim means to her in this situation and hopefully show her it doesn't impact her financially when we settle our divorce. Thanks!
Submitted: 8 years ago.Category: Legal
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6/27/2010
Lawyer: Ely, Counselor at Law replied 8 years ago
Ely
Ely, Counselor at Law
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The separation orders discuss division of property, correct?





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Customer reply replied 8 years ago
It did not. It just addressed spousal and child support and medical responsibility. We sold the house and it is in an account that we can't touch unless we both agree or until the divirce is final. My wife took all the furniture and car with her when she moved while I was out of town. I was left basically with nothing but about 50% of our savings account which quickly was depleted as I had to pay the movng expense for her and airfare she put on her card. My attorney told me that what I earn after being legally seperated is mine and she has no right to it since support is beig taken right out of my paycheck. The money I put down for the house I earned and saved over the past couple of years. She agreed to sign the quit claim but now that I have put a nonrefundable deposit down and upgraded the floors she is wavering. i can't get my loan and close until she signs it.
Lawyer: Ely, Counselor at Law replied 8 years ago
That's okay, b/c you are LEGALLY separated. Anything purchased during this time is SEPARATE property automatically. In fact, a Quit Deed is not even necessary, but will help to solidify the separate property. You are correct, but how to prove this to her, I do not know :)

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



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Customer reply replied 8 years ago

Thanks! Three important questions:

1) Why do you think the morthgage company requires this?

2) What do you think I should tell her that will give her confidence she is ok signing it?

3) How can I print your comments for my future reference so I can show her? is that possible?

Lawyer: Ely, Counselor at Law replied 8 years ago
(1) This is just so she does not claim any part of it in final divorce, b/c just b/c she is not entitled to it as community property won't stop her trying, which is a headache for everyone if this happens.(2) I'll give you a quick guide to community/property v. separate property below and that should help alleviate her qualms, hopefully.(3) I'm not sure...just File --> Print? Law degree = check. Computer wizard = no way.You live in a community property state. Therefore, your marital property will be divided thusly --

Separate property and debt is property that is generally:


1. Owned before marriage by one spouse; or

2. Acquired by gift or will or similar legal way by spouse during marriage; or

3. Declared as such by prenup or postup; or

4. Traceable property purchased by one spouse only;

5. Tort Recovery for personal injury, but not medical expenses or loss of earning capacity, or

6. Purchased after legal separation.

Separate property and debt is awarded to the party which had claim to it in accordance with the rules above.



Community Property and debt is everything else, including but not limited to:


1. Income from BOTH parties; or

2. Declared as such by prenup and postup; or

3. Gift from one spouse to another; or

4; All titled and non-titled property gathered during marriage.



Community property is AUTOMATICALLY ASSUMED unless proven to be separate property by a party “by a preponderance of the evidence.” Community property and debt is split 50/50. By default the house you'd buy would be SEPARATE property since #4 and #6 of separate property apply here.

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



If you feel that I went an extra step to help, a bonus would be appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”




























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