Legal Question in Family Law in California
My credit rating would have interfered with my spouse and I qualifying for a new home loan, so we were advised to apply using only my spouse's income and credit rating. He qualified so the mortgage is only in his name as is the trust deed. We were told that after the close of escrow, we could go to the County and have my name added to the trust deed. My parents gifted us the down payment for this home purchase. Both my spouse and I work and we both contribute to the mortgage payment and monthly bills. We are separating - do I have any legal right to this house? We live in California. Over the years of owning this house( 3 years), we have procrastinated having my name added to the trust deed. Now that we are separating, my spouse is refusing to have my name added. Do I have any rights to this house under community property laws? Does the gifted down payment play any part? Thank you.
2 Answers from Attorneys
It does not not whose name it in in. It appears to be community property. I suspect based on the way you describe this your parents gifted the down payment yo both of you. The equity of the house should be split 50/50...
Names don't get added to a deed of trust. A deed of trust is the instrument that is security for the loan and would have been executed by the person purchasing the house. It seems that you mean title, which would be determined by a grant or quit claim deed.
There are many issues that are not clear from your post. Those issues include when the property was purchased, whether you executed a deed to your husband, and any other documents you may have executed such as prenuptial and post nuptial agreements.
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