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  1. #1
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    Default What is the Effect of an Interspousal Quit Claim Deed on Community Property Claims

    If spouses buy real estate during their marriage, but sign interspousal quit claim deeds conveying certain parcels of real estate to each other, will a California divorce court respect the deeds and treat the real estate as separate property, or will the court entertain an argument that they're community property that is subject to division in the divorce?

  2. #2
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    Default Re: What is the Effect of an Interspousal Quit Claim Deed on Community Property Claim

    Although the quit claim deed might persuade a court that the real estate should be treated as separate property, the court will consider other evidence and argument.

    The only way to be certain that a court will follow your desired property division in a divorce is to enter into a formal, written property settlement agreement with your spouse. In drafting such an agreement, it makes sense to have a lawyer draft or approve the language and terms, and to advise you about any issues that might arise as to its enforceability.

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