QUITCLAIM DEEDS: Because one spouse may have better credit than the other, it is not uncommon to see couples getting a better interest rate on their loan by either purchasing or refinancing the family home into the name of only one of the spouses. This requires the other spouse to Quitclaim their interest in the property to the other.
How you handle this type of transaction is critical on whether the property is going to be the Separate Property of the spouse on title with the community being entitled to reimbursement, or whether the home is going to be equally split as community property.
If you just "assumed" that the house was going to be community property and you signed the Quitclaim Deed knowing that you were transferring title to your husband, a court is likely to say that it is your husband's Separate Property.
If you and your husband agree (even orally) that the house will be Quitclaimed back to the two of you after purchase or refinance, it is going to be community property.
To avoid this problem, have your spouse sign, even a handwritten agreement, saying that you're not giving up your community property interest in the property, despite what the Quitclaim Deed says and that once the purchase or refinance is completed that the home will be Quitclaimed back to the two of you. Have escrow prepare a Quitclaim Deed placing you back on title to be recorded after the purchase or refinance. Follow-up to make sure it is recorded.
FIDUCIARY DUTY: By statute, since 2002 spouses owe a Fiduciary Duty to the other. A Fiduciary Duty is the highest financial duty that can be owed and is the same that partners in a business owe to each other. The Fiduciary Duty owed between spouses provides financial remedies when one spouse takes unfair advantage of the other. It is because of this Fiduciary Duty that oral agreements are admissable to show that one spouse took unfair advantage by not transferring the property back into the joint names of the parties after a refinance.
During marriage, you are entitled to request and receive financial disclosure from the spouse controlling the finances.
ATTORNEY FEES: The Legislature just made it easier for the spouse without the financial means to obtain early and often attorney fee orders to help pay for the cost of the litigation. (See, Family Code Sections 2030, 2032.)
CHILD & SPOUSAL SUPPORT - Knowing your rights: The biggest mistake that fathers make is not getting legal advice on Child and Spousal Support before court. After the Judge has made an Order, it is more costly and difficult to change the support order, than if you took the time to know your legal rights before the Judge ruled. Even if you cannot afford the retainer of an attorney to handle your case, it is worthwhile to pay for a hour or two of time with and experienced attorney to understand your legal rights. The Law Offices of Robert D. Anderson offers hourly consults and will make court appearances just for a particular hearing.