Legal Question in Family Law in California
In CA, if I name my wife on the title to a home I purchased prior to marriage, do I give up my sole property interest in the property or would Moore Marsden rules still apply?
Asked on 9/29/10, 3:21 pm
2 Answers from Attorneys
Anthony Roach
Law Office of Anthony A. Roach
Worse. You create a presumption that jointly held property, whether it is a joint tenancy, or a tenancy in common, is community property.
Answered on 10/05/10, 11:54 am
It actually depends on what you do in connection with the deed. If you sign a concurrent post nuptual agreement governing the respective interests created, it can trump the presumption of gift to the community. If you just deed the property from you to you and her, however, it will convert it to community property as Mr. Roach said.
Answered on 10/06/10, 9:15 pm