Will signing a grant deed property disqualify a spouse from having any interest in said separate property whose mortgage & maintainance is paid by com

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Will signing a grant deed property disqualify a spouse from having any interest in said separate property whose mortgage & maintainance is paid by com

17 yrs ago, upon refinancing, my spouse let me sign a grant deed making his house sole and separately his. Through the years, mortgage, property tax, insurance etc. have been paid for from his monthly pay check. If a divorce happens, can that signing spouse claim any interest, considering his paycheck is supposedly community property?

Asked on May 12, 2009 under Family Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Probably but you need to be able to do a careful accounting.  The issue is two fold:

 

1. Title to property is his. 

2. Do you have equitable interest via the sheer virtue his paycheck was community property? Possibly -- but you need a divorce lawyer who is well versed in complex accounting to help you figure this out.  Try www.attorneypages.com and then double check his or her disciplinary history at www.calbar.ca.gov under attorney search.


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