QUESTION
If my dad buys a house for me and I get divorced from my husband, will my husband be able to claim rights to it?
Asked on May 21st, 2013 on Divorce - California
More details to this question:
If my Father (living) buys me a house and puts it in my name while I am married, will my husband be able to claim rights to it should a divorce take place?
7 ANSWERS
Only if payments or improvements to the house are made during your marriage.
Answered on May 21st, 2013 at 12:10 PM
Family Law Attorney serving Peoria, AZ
at
The Law Firm of Jessica M. Cotter, P.L.L.C.
Update Your Profile
In theory the house would be your separate property, gifted to you by your father. You should consult with an experienced real estate attorney to assure that your father titles the property just in your name. This also presumes that your father's is paying for the house, so that no house payments must be made from any community funds. If such payments are made with community funds then your husband may have some claim on the value of the property.
Answered on May 21st, 2013 at 12:10 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
Are you going to be living in it with your husband? There is a possibility that the increase in value then may be community property. On the other hand if you are getting divorced now, why not wait until the divorce is final.
Answered on May 21st, 2013 at 10:56 AM
Divorce & Separation Attorney serving Menasha, WI
at
Petit & Dommershausen, S.C.
Update Your Profile
Yes it will be marital unless you execute a marital property agreement.
Answered on May 21st, 2013 at 10:55 AM
Family Law Attorney serving Las Vegas, NV
at
The Law Offices of Mandy J. McKellar
Update Your Profile
Possibly if community labor goes into the home ( income blood sweat and tears). He could potentially have a claim of your listed on the home. If your name is nowhere on the home and it appears you are renting from dad then there will mist likely not be a claim.
Answered on May 21st, 2013 at 10:55 AM
Divorce Attorney serving Bloomfield Hills, MI
at
Catchick Law, P.C.
Update Your Profile
If the house your dad buys for you becomes the "marital residence," and both you and your husband live in it and enjoy it and maintain it, it MIGHT get "pulled into" the marital estate. I would kindly but strongly recommend you consult with a Family Law Lawyer to confirm what you can do to keep the house as "separate" as possible from the marital estate.
Answered on May 21st, 2013 at 10:54 AM
As long as it is clear that the house is a gift and you do not put any community property earnings into it. It will remain your separate property house.
Answered on May 21st, 2013 at 10:53 AM