I was really smart and I made my spouse sign a deed to me. Is it now all my property?

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I was really smart and I made my spouse sign a deed to me. Is it now all my property?

Posted by Kelly Chang Rickert on October 28, 2019

Perhaps.

California law allows transmutations of property between spouses. However, there will be a presumption of “undue influence.”

If your spouse can prove that he or she was under duress, and did not sign of their own free will, the transmutation will not be valid. In addition, the deed must be very clear and contain specific, unambiguous language establishing the separate nature of the property.

Please speak with your attorney.

Category: Property Division - Top 5 Questions
Tags: community property, deed in my name, divorce, i am not on the deed, my spouse is not on deed, my spouse signed deed to me