QUESTION
Am I entitled to my husband's property if we get a divorce?
Asked on Jul 26th, 2012 on Divorce - California
More details to this question:
My soon to be ex-husband was added to the deed of his fathers property during the course of our marriage. I would like to know if I am entitled to anything regarding this property. We currently live in California.
12 ANSWERS
If he was added to the deed as a "gift", i.e. no money changed hands then it would be treated as his separate property and there would be no community interest in the property. If he purchased the interest in the property with community funds then the interest would be community.
Answered on Aug 18th, 2012 at 12:22 AM
If the divorce was or will be in California, California is a 'Community Property State'. A little more information is needed to give you a definitive answer. You might want to consider retaining an attorney in California to do what may be necessary to protect your portion of 'marital property'. Good luck.
Answered on Aug 17th, 2012 at 9:24 PM
Civil Litigation Attorney serving San Diego, CA
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Gerald W. Hokstad
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In general, gifts by a father to his son are considered the separate property of the recipient. If the father is still alive, adding his son to the deed was likely an estate planning tool to be sure upon his death, his son would get the property. Inheritance is also the separate property of the recipient. Lastly, the title is not in your name and this creates a rebutable presumption that the property belongs to the title holder only. All of the facts need to be investigated by an attorney to determine if you may be entitled to any interest. That is the only sure way to get the best answer.
Answered on Aug 17th, 2012 at 9:23 PM
If the two of you have invested any money in the property then there may be a community interest to which you would be entitled to your share. You should discuss all of the circumstances with a family law attorney to determine how the property would be characterized and divided.
Answered on Aug 17th, 2012 at 9:16 PM
No. That property was a gift to him, not a gift to both of you. Gifts (and inheritances) are exceptions to community property.
Answered on Aug 17th, 2012 at 9:12 PM
If it was a gift to your husband, it is his separate property. So, no. You are not entitled to a portion of it.
Answered on Aug 17th, 2012 at 1:48 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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This property interest of your husband appears to be separate property assumining no comingling of the property with the community property acquired during marriage. The short answer is no unless he has either agreed to transfer an interest in the property to you during marriage by writing or verbal agreement.
Answered on Aug 17th, 2012 at 11:29 AM
Agriculture Attorney serving Fresno, CA
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The Law Offices of Tres A. Porter
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It depends on how he acquired the interest in the property. If it was through gift or inheritance and the gift was specifically to him only, then you likely would not have an interest. However if community property funds were used for upkeep of the property during the marriage (improvements, repairs, property tax etc.) then you likely would have a claim for reimbursement to the community estate.
Answered on Aug 16th, 2012 at 9:04 PM
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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The gift from your father-in-law is presumptively the separate property of your husband. Without more facts to suggest that community property was invested in that property, it would be unlikely that you are entitled to any part of it in case of divorce.
Answered on Aug 16th, 2012 at 9:02 PM
You have not provided all the necessary facts to allow an attorney to properly respond to your question. However, I will provide a basic summary of CA law in regards to marital property. California is a community property state, which means any property acquired during the course of a marriage is presumed to be community property UNLESS the property was acquired by gift, devise or inheritance or was purchased with separate property funds. The spouses can also agree to change the character of the property from community to separate or from separate to community. If the property your soon to be ex-husband acquired was through a gift or inheritance from his father then it is presumably his separate property and not property of the community. Which means, if this is true, that you have no claim to that property. Of course, as I stated up front, different facts that are unknown to me at this time may change the analysis.
Answered on Aug 16th, 2012 at 9:01 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Probably not gifts are separate property.
Answered on Aug 16th, 2012 at 8:58 PM
If your husband acquired the property via inheritance it will be considered his separate property at divorce. However if any community property funds have been used to improve or pay for the property you may have an interest based on the percentage of community funds used to improve or pay for the property.
Answered on Aug 15th, 2012 at 3:21 PM