Legal Question in Real Estate Law in California

If my husband pays half the mortgage with his checking account that has his daughter's name on it, is she entitled to a portion of ownership?


Asked on 1/07/10, 11:02 am

3 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

If all that is put into the account is his or your joint money and she is on the account merely so when she needs money she can ask and get it immediately, then she has no legal or equitable interest in the property. If part of it is her money and no attempt is made to exclude some of her money going to the mortgage payment and she is not paid back that sum, then she is either lending her father money that he has to pay her back or she is investing in the property and equitably would be entitled to a share of any profits based upon the percentage she is investing versus the totla costs of the house [or some other formula depending on the exact facts].

You need to clarify what the slituation is. If her father should suddenly die, she might claim all the money in the account is hers and she owns part of the house. Any tax deductions your husband takes on the house might be found inaccurate. There certainly would be bad feelings between her and you if you view the situation much differently.

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Answered on 1/12/10, 11:49 am
David Gibbs The Gibbs Law Firm, APC

Not generally if the money from the account is his. If they commingle their money, then the question becomes much more difficult to answer. If she is asserting a claim, then you may wish to have an attorney review the facts of the case in more detail, and determine if she has any true claim to assert. From what little you have posted, its impossible to provide you with any sort of concrete opinion on the matter.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 1/12/10, 11:51 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I doubt that a relative (other than a spouse) would obtain any interest, legal or equitable, by contributing to a mortgage payment. With purchase money, the answer would be different, but even if some or all of the money in that account is the daughter's, there is no theory I know of under which she gets any interest in the property whatsoever.

The thought that does occur to me is that this is a suspicious practice, and deserves an explanation. Someone may think they are accomplishing something regarding the ownership, or someone may be trying to defraud someone. You might ask why he's doing this, then ask another LawGuru question, giving us his reasons.

Or, there could be a completely innocent explanation. Joint checking accounts are sometimes set up and used by relatives for valid purposes.

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Answered on 1/13/10, 12:33 pm


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