Legal Question in Family Law in California

Does he get HALF of a house given to us?

My mother gave my husband and I a house which was fully paid for. In return she asked that we give her $500 a month just to help her out until she died. When we moved into the house in July, we were financially strapped and had to make a lot of repairs. We paid her $250 in September, $500 in November and $500 in December. She deeded it only to me as a married woman ONLY because my husband has poor credit and we were afraid that collectors would lien it. We did make repairs to the house, paid insurance on it, etc. out of our joint account. We have been married for only one year. I have since moved out and he continues to live in the house with his three kids and my two of mine. The thing is that i want him out. Can I just deed the house back into mine and my mothes name and have her evict him? Does he have any interest in the house if we divorce? I never had him sign his interest over on the house when she put it in my name because she was really giving it to both of us.


Asked on 12/27/03, 12:36 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Does he get HALF of a house given to us?

The answer to whether husband has an interest in the house depends upon how the house was gifted by your mother. You stated it was given to US. This indicates that it was a gift to both of you. If this is the case he would have a one half interest in the house, and an obligation to pay one half of the $500 per month to your mother for her life.

Because of the amount of money involved you should immediately meet with an attorney and discuss you case with the attorney. The cost of consulting with an attorney would probably be a small fraction of the amount you may be able to save.

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Answered on 12/27/03, 1:41 pm


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