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Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102505
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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I am legally separated from my husband since 2013. The house

Customer Question

I am legally separated from my husband since 2013. The house we lived in was recently lost to foreclosure and went to sale. I have received a notice of disbursement of access funds. Apparently I signed over title to this house in 2004 without realizing it. Do I still have any community property claims to any of the access funds from the sale?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. Does the decree of separation state that the home is community property or sole property (of whom)? Or is the decree silent on the matter? This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.
Community property
Expert:  Ely replied 1 year ago.
Thank you. By quitclaiming your interest, you essentially made the property separate and belonging to him (regardless whether you knew that or not). However the decree seems to make it community property anyhow, perhaps because you did not realize what you did and/or due to some mistake. OR, perhaps he agreed that this was community property after all and waived his right to claim it as separate property based on the 2003 quitclaim. It is not clear. What someone in your situation may wish to do is to immediately file two motions back to back with the Court and set them for a hearing: Motion for Clarification - to clarify the status of that property, and perhaps if it is confirmed as communal, to demand half of the money, andMotion to Stay - with "stay" meaning to pause, as in to pause and enjoin him from taking and spending/hiding the money until this is resolved. This motion may even be filed ex parte (emergency). I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.
Customer: replied 1 year ago.
Is someone there?
Expert:  Ely replied 1 year ago.
Hello, Yes. Did you see my answer above?
Expert:  Ely replied 1 year ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!