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#775517 - 06/17/19 07:03 PM California Divorce, Inherited Property out of CA
apocalypsesrt Offline
recently joined

Registered: 06/17/19
Posts: 2
Hi, this is my first post because I have decided to get rid of my lawyer. I have been divorcing since October 2015 and its still not complete. The last thing remaining is my house located in New Mexico.

I inherited the house in 2006 from my father and kept it as separate property using it as a rental to cover the mortgage on it until I accidentally refinanced the property in 2012 when I moved to California. I was in a hard place financially and took advantage of a lower payment and in the process quicken loans said they needed my wife to sign a couple of things or else they wouldn't finance me.

Low and behold, I am getting a divorce in 2015 to now and she is making a claim for the property because her name was added to the deed. I need some help here on this one and I don't want to pay for a lawyer anymore because I am feeling extorted here $11,000.00 and an incomplete divorce later.

My questions:

Can I legally be obligated for accidentally adding her to the deed in 2012 because of my refinance?
(My lawyer said no, She would have to prove that I asked her to assume the liability of the house and have some sort of document that I notorized making it hers; "You cant accidentally give real estate away" in the words of my lawyer) Any cases that anyone can reference me to on this?

If she is entitled to anything would it only be for the perioud of 2012(refinance) to current?

Would all of the equity from 2006-2012 be protected in my defense of the inherited property?

Would I be able to claim all of my losses from 2012-current for the losses incurred by managing this property as a rental? I write everything off on my schedule E including my management company for this rental.

Anything I am missing here? My family has a lot of time, money and memories tied up in this home. My father busted his ass to own this thing and I want to fight for it.

#775518 - 06/17/19 08:53 PM Re: California Divorce, Inherited Property out of CA [Re: apocalypsesrt]
MinnesotaMom Offline

old hand

Registered: 01/05/11
Posts: 969
At least in my state, as soon as you added her to the deed, you just gave 1/2 the value of the house away. There's no "accident" involved when someone is added to the deed.

As for losses, only someone that is a legal expert in real estate in out of state property owned, but filing in CA would be able to answer.

#775519 - 06/17/19 09:25 PM Re: California Divorce, Inherited Property out of CA [Re: apocalypsesrt]
apocalypsesrt Offline
recently joined

Registered: 06/17/19
Posts: 2
I guess I should have educated myself a little more before I made the mistake. She is definitely on the deed. It was never my intention to include her in the inheritance but in order to refinance, the bank "REQUIRED" her signature.

#775529 - 06/19/19 11:49 AM Re: California Divorce, Inherited Property out of CA [Re: apocalypsesrt]
Ella Besanth Offline
recently joined

Registered: 06/18/19
Posts: 1
I truely understand your situation. If a name is added to a property document, the person added would obviously become a partner.
In your case, your wife becomes eligible to half of the property as the document has her name.
The circumstances that forced you to write her name would just become hypothetical in the eyes of the court.
I would suggest that you reach out to a lawyer and explain everything.
A lawyer would be the right person to suggest you what to do.


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