Legal Question in Family Law in California
my husband and I married 17 yrs ago and we bought a modular house put it on his moms property but in order to get the loan we had to be on the deed with her. Seven yrs ago she gifted the entire property to my husband in exchange for us to pay her $20,000 personal loan. So basically we bought the property from her so she didnt have to pay her loan any more and she was willing it to my husband when she dies anyway. We are about to get a divorce what is my portion in this? So we have been on 1/2 of the deed from the beginning and all of the deed for 7 yrs. My husband said I dont get any of it because it was a gift from his mother. Is that true?
2 Answers from Attorneys
No. You cannot convert a purchase made with community funds into separate property by calling it two gifts.
I agree with Mr. McCormick. The mother's share was purchased, with what I assume were community property funds. It is not a gift. In addition, one spouse cannot make a gift of community property to himself.
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