QUESTION
Does the wife have rights to the house?
Asked on Aug 14th, 2013 on Estate Planning - Michigan
More details to this question:
Asking for a friend: She married a man 20 years ago in California. He had a house before they were married that they have lived in. Now he is ill and threatening to put the house in his son's name. Does she have any recourse?
7 ANSWERS
Criminal and General Civil Litigation Attorney serving Warsaw, IN
Partner at
Rockhill Pinnick LLP
3 Awards
You have to ask this question of a California lawyer, not an Indiana one.
Answered on Aug 15th, 2013 at 8:29 PM
It depends upon who paid for the house and with what funds during the marriage. You should consult a family law attorney to review all of the facts and advise you how the house is likely to be characterized by the court.
Answered on Aug 15th, 2013 at 7:49 PM
3 Awards
Without more facts it is hard to say. Need to know how house was paid for and when. Were community property assets used to pay the principal down on the loan, if any? If so how much principal? If not, then she probably has no right to the asset.
Answered on Aug 15th, 2013 at 7:48 PM
Business Planning Attorney serving Livonia, MI
at
Frederick & Frederick Attorneys at Law
Update Your Profile
Maybe. California is a community property state. While it is clear that the property was the husband's separate property when they married, it could have become community property, depending on what they have done, since. For example, has the wife paid any property expenses such as taxes or upkeep? I believe she would have a decent argument for any appreciation the property has realized over the past 20 years. She would need to consult with a California lawyer, however. Given her husband's position on this, she may want to consult with a California divorce lawyer.
Answered on Aug 15th, 2013 at 7:47 PM
She may. Her first course of action should be to visit an attorney specializing in these matters.
Answered on Aug 15th, 2013 at 7:41 PM
2 Awards
He cannot put it in his sons name without that being undone after he is gone. The wife has a community property interest in that house as long as their income during the marriage was used to pay taxes, insurance, maintenance, improvements, mortgage, etc. He can give his separate property interest if any and his community property interest which is 50% of the accumulated value over the last 20 year to his son.
Answered on Aug 15th, 2013 at 7:29 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
She needs an attorney, and should have rights to at least a portion of the house.
Answered on Aug 15th, 2013 at 7:14 PM