My husband has separate property, can he use a quit claim to make it community property?

Question

I have lived in his house for 3 years and have paid half of the HOA fees, property taxes and mortgage, PLUS an extra $1000 a month towards the loan principle for the entire 3 years.

I think that it should now be community property since we have been married a year and a half and together for 5 years.

Can he use a quit claim to make it community property?

Can we just go to the court house and fill out the paper and pay $10 for the processing fee?

Is it that easy?

Answer 1

Unless you're really planning a divorce, I don't see how it matters. Anyway, what you really need is a post-nuptial agreement. In that agreement he and you can agree that the entire equity you have in the house is community property.

If I were him, I would sign it only if it recognized that the equity he had in the house at the time you moved in was my separate property.

Answer 2

A simple answer to your question is yes a quit claim deed can be signed to put you on title. One thing you need to look at is if there is a current mortgage on the property look at your promisory note to see if there is any verbage about transferring ownership and what they require to do so. The Mortgage company who is the lienholder will usually work with you on that with not much problem. The lender then may request that you also sign on the note for the mortgage. Depending on the state you live in the law on community property after so many years may come into play anyway. For example, in CA it is 7 years of living together you are considered a common law husband and wife.

Answer 3

If payments on the house were made from a jointly held account OR you've paid into the house from your personal account, it automatically becomes community property if you live in a community property state. The only way it stays separate property is if he makes all the payments, upkeep, maintenance, etc. from a bank account held in his name only and into which your personal funds have not been deposited for your use. (In other words, monetary gifts to his account are okay, depositing your paycheck is not.)