Is the house my wife and I both own falls under community property? 7 Answers as of May 01, 2014

I was married 21 years and separated 1 year and 6 months. My wife sold the house we own, this year in March and received around $45,000. We had the house for 8 years. Before she sold the house she made me sign a document in October 2013. She said, this is only to take my name out of the house and lower the mortgage payments. Also was notarized. I trusted her. Turns out, the paper I signed was the Interspousal transfer grant deed. Am I still entitled to half of that money she received for the house? Does that fall under community property, Even though she falsely made me sign those papers?

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Law Office of Robert E McCall | Robert McCall
You need to have the papers reviewed by an attorney. impossible to answer without papers being reviewed.
Answer Applies to: Florida
Replied: 5/1/2014
Universal Law Group, Inc. | Francis John Cowhig
Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an experienced family law attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. (S)he would then be in a better position to analyze your case and advise you of your options.
Answer Applies to: California
Replied: 4/30/2014
John Russo | John Russo
Sometimes I read certain questions and just shake my head. How did she falsely make you sign anything? Can you read? You wrote this so I assume you can read, so why would you sign something before reading it? Oh because she told you what it said and you trusted her and therefor just signed it, well shame on you, but that is not falsely making you sign anything, that is stupidity on your part!!! If she asked you to jump head first off a roof onto cement and promised you that you would not get injured would you? Of course not, so this falsely statement is just an excuse on your part! Don't try and say well i read it but did not understand it, because that is just as bad, if you don't understand something you DON'T SIGN IT!!! And no you will most likely not see a dime, why? Because the money is gone or buried, and you signed over the house while still married and she sold it while you were still married, so where is the community property now. Let me ask you this, are you entitled to 1/2 her paycheck from lets say the 3rd week of December 2013? It was community property correct, so why are you not entitled to it? Well thats the same reason for the house money, you are still married the house was sold and the money is nowhere to be found I bet.
Answer Applies to: Rhode Island
Replied: 4/30/2014
Freeborn Law Offices, P.S.
Freeborn Law Offices, P.S. | Steve Freeborn
Sounds like you may have transferred to her your interest. Since I do not know what state you are writing from, I do not know if the community property laws apply to your situation. My advice: retain the services of a family law attorney in your area.
Answer Applies to: Washington
Replied: 4/30/2014
John Ceci PLLC
John Ceci PLLC | John Ceci
Michigan does not recognize the concept of community property. That suggests to me you do not live in Michigan. If that is true, I cannot give you any advice as I am only licensed to practice in Michigan. If you are in Michigan I strongly urge you to hire an attorney to look into the situation. This is not a situation that can be easily addressed via email. A couple of possible ways to recover money come to mind but it would require some research further and review of relevant documents.
Answer Applies to: Michigan
Replied: 4/30/2014
    Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
    First, you are responsible for what you sign. That means at a minimum you must read the document before you sign it. A court may still consider whether you get a portion of the value of the house in a divorce action but it could go either way unless you can show evidence of fraud or duress. That does not include signing something just because she told you to do so and not reading it.
    Answer Applies to: Washington
    Replied: 4/30/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Maybe. You need to get an attorney who can make the proof and the argument you need to win that issue.
    Answer Applies to: Idaho
    Replied: 4/30/2014
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