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Im in the process of a divorce. I recently found out that…

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I'm in the process of...
I'm in the process of a divorce. I recently found out that my husband transferred the title of our house (which was his before marriage, my name is XXXXX XXXXX the title# XXXXX this way:
One month before our marriage he transferred the house into a trust that he had just established. One month after our marriage he transfers it back out of the trust, in his own name as an unmarried man.
He then refinances the house with a mortgage of $223k as an unmarried man #one month after we were married).
He then puts the house back into his trust on that same day as a married man without a disclaimer from me.
What are my legal rights since he misrepresented himself as unmarried? I live in Arizona.
Submitted: 8 years ago.Category: Real Estate Law
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Answered in 2 minutes by:
6/15/2010
Real Estate Lawyer: KimberlyLaw, Attorney and Real Estate Broker replied 8 years ago
KimberlyLaw
KimberlyLaw, Attorney and Real Estate Broker
Category: Real Estate Law
Satisfied Customers: 4,237
Experience: 13 years of experience in real estate law: Foreclosures, Landlord-Tenant, Condo/Coop, Property Law, Deeds, Purchases/Sales, Estates.
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Hello, I am happy to assist you today.

This is a tough situation, because even if you invalidate the transfer from the trust to his own name alone (due to him saying he was unmarried), it will not create any sort of interest in the property for you.

Unfortunately, there is nothing you can do here to have any legal rights to the property.

I hope this helps,
Kimberly
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Customer reply replied 8 years ago
So he can get away with misrepresenting himself? This seems illegal to me, especially in a community property state.
Real Estate Lawyer: KimberlyLaw, Attorney and Real Estate Broker replied 8 years ago
Yes, he can, because let's say, hypothetically, that you take him to court and get that transfer invalidated. You are left with the house still in the trust. So unfortunately it won't actually help you.
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