Robertson

MEMORANDUM DECISION

I. BACKGROUND

This case is before the Court upon stipulated facts. In August 1967, debtor Sheila Weisman (formerly Sheila Peters but referred to herein as “Weisman”) bought a single family home located at 565 Cambrian Drive, Campbell, California, with her then husband, Marc Peters (“Peters”), defendant in this action.

Their marriage was terminated, effective November 4, 1985. Pursuant to the property settlement agreement, Peters purchased Weisman’s interest in the property by refinancing it. The lender to the refinancing required Weisman to remain on title to the subject property to facilitate the loan. As a result, title was transferred from Marc Peters and Sheila Peters (now Sheila Weisman), as community property, to Marc Peters, an unmarried man, and Sheila Weisman, a married woman, as tenants-in-common. The deed was recorded on July 2, 1986.

Peters paid Weisman for her interest in the property. Upon receipt of payment for her interest, Weisman executed a quit claim deed, dated June 25, 1986, transferring her interest in the subject property to Peters. The deed was delivered to Peters but was not recorded until after Weisman filed for bankruptcy. Weisman…