QUESTION
If my husband's mother just recently signed over her home to him, do I have any rights to the home?
Asked on Feb 12th, 2014 on Divorce - California
12 ANSWERS
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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In Arizona the general rule is that property received as a gift, or inheritance, remains the separate property of the spouse who receives the property. If your husband were to put your name on the title with his, then he has gifted an interest in the property to you. If community funds are used to repair the home, or to make payments on the mortgage, then you may at some point have a claim. A consultation with an Arizona family law attorney could assist you.
Answered on Feb 19th, 2014 at 7:25 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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If it was a gift to your husband, without more, it is generally his separate property. He has the right to change the nature of his holding the property, e.g. by deeding it to you and him jointly. I hope this helps.
Answered on Feb 18th, 2014 at 5:53 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Cannot say, attorney needs to review the actual documents.
Answered on Feb 18th, 2014 at 4:23 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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In Nebraska it would be considered a gift and you would have no legal interest.
Answered on Feb 18th, 2014 at 4:14 PM
Personal Injury Attorney serving San Antonio, TX
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Law Offices of James P. Peterson
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Only to the extend community funds are expended on this his separate property.
Answered on Feb 18th, 2014 at 4:07 PM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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Not if it was a gift to him, as opposed to the both of you. However, if you invest community funds improving it or paying on it's mortgage, the community (including you) will likely be entitled to reimbursement or even a portion of it's equity in the event of a divorce (assuming you have proper records).
Answered on Feb 18th, 2014 at 3:48 AM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Not if it was a gift to him. You may have a equitable interest if any community money goes into paying the mortgage, taxes, insurance, maintenance etc.
Answered on Feb 18th, 2014 at 3:46 AM
Family Law Attorney serving Thousand Oaks, CA
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Law Office of Terry A. Buchanan
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No as a gift from mother to son.
Answered on Feb 18th, 2014 at 3:46 AM
Not unless they are granted to you by your husband. Gifts and inheritances are the separate property of the recipient and the spouse has no independent rights to them.
Answered on Feb 18th, 2014 at 3:45 AM
Business Litigation Attorney serving Los Angeles, CA
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Gerard A. Fierro & Associates
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Generally not. A gift or inheritance is separate property. However, in the future, if your husband uses community funds or earnings to pay for maintenance or costs relating to the property, then the community may be entitled to a reimbursement or may accumulate an interest in the property for example if there is a mortgage loan being paid.
Answered on Feb 18th, 2014 at 3:45 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Probably not. Now if the two of you start to use it as the marital home and do that for a good long period of time, it might be transmuted into community property. But if he treats it as his sole and separate property, you will not have rights in it.
Answered on Feb 18th, 2014 at 3:44 AM
Not now its a gift or inheritance to your husband and his separate property.
Answered on Feb 18th, 2014 at 3:44 AM