Legal Question in Family Law in California
Divorce - community property
My husband and I purchased a mobile home for our son and his wife approx 1 yr ago. They have been married 3 yrs and are considering divorce. The mobile home is in my husband and sons names, does this constitute comm prop for all 4 of us ? Can we sell the property if not all parties agree ?
2 Answers from Attorneys
Re: Divorce - community property
Unless there os agreement in writing the property has 4 owners, and each would own 1/4. The property cannot be sold unless all parties agree, unless there is a court order for its sale.
Re: Divorce - community property
A gift from you to your son, evidenced by title (so not a gift to your son and his wife), is your son's separate property.
There is a complex body of case law that permits your daughter-in-law to make some arguments, are those are too much for this forum. But your son looks to be in good shape on this issue.
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