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Division of a Home With an Interspousal Deed in Divorce

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  • 01-18-2018, 10:23 AM
    Bandicoot
    Division of a Home With an Interspousal Deed in Divorce
    My question involves a marriage in the state of: California.

    My spouse and I are in the process of buying a home in Fresno California, we are in escrow. She has signed a interspousal deed. My name is fully on the title, contract for purchase, as well as the loan, which is a VA loan from my time in the USMC. We are now looking at possible separation and/or divorce after 4 years. I was wondering with everything in my name on the purchase of the home plus the fact that she signed the interspousal deed. What recourse or right to the home does she have if we were to divorce. Also she is on a fixed income and wouldn't be able to afford to pay the mortgage.
  • 01-18-2018, 10:38 PM
    Mr. Knowitall
    Re: Division of a Home With an Interspousal Deed in Divorce
    You haven't told us what the interspousal deed says; but if you and your wife don't even own the home she has no interest to transfer to you. Please better explain the facts.

    If you are stating that she signed a deed intending to relinquish any claim in the home to you, in association with your planned separation or divorce, then there is a possibility that the deed is sufficient to make the home your separate property; but you should show the documents to your divorce lawyer and verify the legal effect of the deed.
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