Legal Question in Family Law in California

My husband, an US Citizen, and I, not an US citizen, currently lives in Asia wanting to buy a house in California. The property will be bought with 3/4 of my family inheritance money and 1/4 of his family inheritance money. He has agreed to purchase the property in my name/title. My question is if one day we get a divorce, would this property be consider as community property and my husband have equal ownership of the property as me?


Asked on 5/12/16, 7:33 pm

1 Answer from Attorneys

This would be a very messy situation in the case of a divorce if you do not put in place an agreement now on how the property will be treated in the event of a divorce. If you want to be totally fair and clearly maintain each person's rights in their respective inheritances, you should have an agreement to take title as [Your Name] a married woman as her sole and separate property as to an undivided 3/4 interest, and [Your Husband's Name], a married man as his sole and separate property as to an undivided 1/4 interest. If you do nothing and take title as [Your Name] a married woman, there will be a presumption that it is community property, with an argument to be made that it is separate property (the lawyers then win big by billing you and your husband thousands of dollars to fight that issue). If he intends to surrender all claim to the money he puts into it, then you would take title as [Your Name] a married woman as her sole and separate property, and then have him confirm it by giving a quitclaim deed from [Your Husband's Name} a married man to [Your Name] a married woman as her sole and separate property. Lastly, any way you do this, make sure to create a full and clear paper trail of what you agree to, and that you both have either consulted with legal counsel, or have had the opportunity to do so and have chosen not to.

Read more
Answered on 5/13/16, 11:43 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California