I signed an interspousal deed ten years. My husband claims this is his separate property.
Full Question:
Answer:
Based on the facts as your State them this will more than likely be a question for the Court to decide. It could be that the property be considered yours if you owned it before marriage, his due to the voluntary conveyance or community property. You should consult a local attorney to discuss all the facts to get an opinion.
We do find in the California Family Code the following which prohibits a spouse from being excluded from a dwelling owned by the other subject to certain exceptions.
752. Except as otherwise provided by statute, neither spouse has
any interest in the separate property of the other.
753. Notwithstanding Section 752 and except as provided in Article
2 (commencing with Section 2045), Article 3 (commencing with Section
2047), or Article 4 (commencing with Section 2049) of Chapter 4 of
Part 1 of Division 6, neither spouse may be excluded from the other's
dwelling.
754. If notice of the pendency of a proceeding for dissolution of
the marriage, for nullity of the marriage, or for legal separation of
the parties is recorded in any county in which either spouse resides
on real property that is the separate property of the other, the
real property shall not for a period of three months thereafter be
transferred, encumbered, or otherwise disposed of voluntarily or
involuntarily without the joinder of both spouses, unless the court
otherwise orders.