I purchased my Home in California on Nov. 23rd, 1988. 3 on title, myself and my parents all as joint tenants. I married my husband on July 31st, 1999. On Feb 6th, 2002 I was refinancing my loan so I added my husband to the Grant Deed and the loan. GD = Husband and myself, undivided 50% interest and my parents an undivided 50% interest, all as tenants in common. At the time I was 8 months pregnant, and I was going to quit my job to stay home with the baby. I needed my husband's income to qualify for the refinance as I was quitting my job. I had no idea at that time that I was gifting over to my husband at least $75,000 in value of my property. In Sept 2003 we separated. In Nov 2003 Husband filed for divorce. On Jan 7th, 2004, Husband signed/notarized a quitclaim deed. Soon after this we noticed that the wording on the quitclaim deed was incorrect so we needed to redo it. On Jan 19th, 2004, Husband resigned/notarized quitclaim deed. Feb. 6th 2004 it was recorded. On Mar 1st, Husband's lawyer filed a Lis Pendes against my property claiming that his client was pressured and under duress when he signed the quitclaim deed. Question: Did I waive my right to reimbursement of the equity that I earned as personal property because I added my husband? What formula or rule would the judge use to decide what he is entitled to? FC Law 2550? or The Marsden rule? or the Moore/Marsden rule? etc....? Thank-you. Lynn
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Reimbursement of the equity we've both earned???