QUESTION
If my daughter gets a divorce, can her soon to be ex claim half of her share of the property?
Asked on Nov 29th, 2013 on Estate Planning - California
More details to this question:
I recently deeded my property to my three children with me having lifetime rights. Now, my daughter is getting a divorce and I need to know if her ex can claim half of her share of property?
17 ANSWERS
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Presumably that is separate property and won't be divided.
Answered on Jan 29th, 2014 at 2:04 AM
Estate Planning Attorney serving New York, NY
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Kleinberg, Kaplan, Wolff & Cohen, P.C.
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That depends on what state she's in. To protect against that, you could (in your Will) provide for your children in separate trusts for their benefit rather than outright.
Answered on Dec 04th, 2013 at 7:23 PM
Edwin K. Niles
A gift is her separate property, he should have no claim.
Answered on Dec 04th, 2013 at 8:20 AM
Probably not. However, the court may take this joint ownership into account when determining how the couple should split their marital assets.
Answered on Dec 04th, 2013 at 8:19 AM
David Thomson Egli
Unless your daughter transferred an interest in the property to her spouse, he should not be able to claim half or any part of her share in the property. Even though received during marriage, gifts are separate property and not community property. Under certain circumstances a spouse may be entitled to reimbursement for the spouse's separate property or share of community property used to purchase or improve the separate property of the other spouse. Since you retained a life estate in the property, I am assuming that the husband hasn't made any such contributions.
Answered on Dec 04th, 2013 at 8:19 AM
No,inheritance property is the person's separate property and not divisible at the time of dissolution.
Answered on Dec 04th, 2013 at 8:18 AM
The divorce court judge gets jurisdiction over the entire marital estate, which includes her share of the property. Future interests of this sort typically have little market value and judges tend to devalue them more depending on the length of the marriage of the other spouses contribution to paying its annual maintenance and property taxes, etc.
Answered on Dec 04th, 2013 at 7:32 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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He can try, but as long as she did not deed her interest to the two of them, it is doubtful that he will prevail.
Answered on Dec 02nd, 2013 at 4:32 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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It depends on how your deed was done. If it was properly set up, then there should be no problems. Your soon to be ex-son-in-law is not entitled to all assets she may ever have at any time in the future. He can only claim an interest in her assets, now. Since she does not have a present interest, arguably, his share would be zero.
Answered on Dec 02nd, 2013 at 4:32 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Suggest you seek the services of a family law lawyer who should have the answer to your question.
Answered on Dec 02nd, 2013 at 4:31 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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He can make a claim, but it is doubtful it will be sustained.
Answered on Dec 02nd, 2013 at 4:31 PM
Neal Michael Rimer
Community Property (that which is shared between a husband and a wife) is defined as earnings and accumulations during marriage other than by gift, devise, bequest, or inheritance. Your daughter received a gift. It is not part of the community property unless your daughter made a gift to her husband of her interest that she received from you. If community property was used for improvements, repairs, mortgage payments and the like to the separate property of the husband or wife, then the community is entitled to a percentage interest or reimbursement in that separate property.
Answered on Dec 02nd, 2013 at 4:30 PM
Probate Attorney serving Saratoga, CA
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Douglass Law Group
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In California, assets acquired by gift or inheritance remain the sole and separate property of the recipient of that property, unless they have transferred their interest to their spouse.
Answered on Dec 02nd, 2013 at 4:30 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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It will be property subject to being included in the divorce. I don't know why people keep making lifetime gifts of real property.
Answered on Dec 02nd, 2013 at 4:30 PM
2 Awards
No unless community property of their marriage has been used toward the property, then he may have an interest. Otherwise it is separate property and he would have no claim to it.
Answered on Dec 02nd, 2013 at 4:29 PM
Thomas Edward Gates
Your property to er would be considered personal property and no likely to be available for any divorce proceedings.
Answered on Dec 02nd, 2013 at 4:29 PM
3 Awards
No, but the value of the asset may impact her entitlement to alimony. She should address this with her divorce attorney.
Answered on Dec 02nd, 2013 at 4:29 PM