Legal Question in Family Law in California

Admissability of Signed Affidavid

My ex-inlaws purchased a home for me & my ex-wife as a wedding gift. They bought the home, in the sense that they put down the down payment and closing costs for us.We initially paid them the mortgage and they would write a check to the mortgage company. After a while, we began paying the mortgage directly to the lender. As soon as we were able to qualify for our own loan, we transferred the home into our name as a gift via a family transfer. I have a signed affidavid from the original owner of the home & it states that my ex-inlaws said they bought the home as a gift for their daughter & son-in-law. Would this affidavid be admissable in the court trial to show that the home(down payment for)was in fact a gift? Thank you!


Asked on 5/22/01, 4:42 pm

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: Admissability of Signed Affidavid

If the matter goes to trial an affidavid is not admissable because it is hearsay. It would require the live testimony of the witness. If the matter is decided at a hearing, it is possible that the affidavid is admissible if signed under penalty of perjury of the laws of the State of California. In any event, the house is community property your wife could claim that the down payment was a gift to her alone which would give her a right to reimbursement of that down payment only, that would be the limit of her claim.

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Answered on 6/27/01, 11:08 am


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