Articles Tagged with marital property

underwood-failed-deeds-contemplation-marriage-300x300It is an unfortunate fact that many marriages don’t make it out of the engagement stage. While this can be a difficult time for all involved, the situation can only become more dire when real property is involved.

Commonly, one owner of real property will add their partner to the house’s title shortly before the marriage occurs. Usually, they do this because they are under the impression that the marriage is about to happen. But when the partner calls the marriage off, the property owner is now faced with the problem of title. Under the law, the former partner is now an owner of the property.

In these instances, Civil Code section 1590 allows for the property owner to recover their title, although this will usually require filing a quiet title lawsuit. However, quiet title law can be difficult to understand, and in addition, litigants will need to take care not to blow the applicable statute of limitations. 

Underwood-Blog-Images-3-1-300x300The deed to a property is the most important document a property owner has. It describes the title and its associated rights while operating as the conveyance of property itself. But not all deeds are the same, especially when marriage enters the equation.

Marital deeds carry with them their own rules, rights, and duties requiring in-depth knowledge of family law and community property. And while spouses can choose to acquire property through a regular grant deed, more often than not, that isn’t the case. Understanding the differences between the two is of crucial importance for estate planning, and in these situations, having an experienced real estate attorney at your side can make all the difference. The Underwood Law Firm encounters both types of deeds with frequency and has the familiarity and skill to help title holders understand their rights.

What is a deed?

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