QUESTION
What are my rights to our home that I helped pay for if he put it in his mother's name?
Asked on Apr 13th, 2013 on Divorce - California
More details to this question:
I've been with my husband for 12 years. We've been married for 3 years and have two kids together. I helped him buy the house but we were not married at the time. He put his mom's name on the deed of the house. Can he do that without my permission? And if we were to separate what am I entitled to?
3 ANSWERS
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You are not entitled to anything before marriage. After marriage if his name is also on the house the community may be entitled to principal reimbursement and a percentage of the appreciation. If its all in his mothers name it sounds as if you are just tenants.
Answered on Apr 15th, 2013 at 2:30 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would need more details in order to be able to answer your question. if the house was in his name alone it would be possible for him to potentially add his mother to the title. If there was no consideration for her interest, or all of these things to place while you were married, it is possible that in a divorce you may well have rights. Divorce courts are not constrained to the legal titling of properties.
Answered on Apr 15th, 2013 at 2:29 PM
Family Law Attorney serving Rolling Hills Estates, CA
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John H. Sibbison, III Professional Law Corporation
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If you live in a community property state like California, you will be able to claim an interest in the property but there is nothing that prevents him from putting anyone else on title, especially if your name is not on title.
Answered on Apr 15th, 2013 at 2:28 PM