Legal Question in Family Law in California
My husband's dad gave him $850,000 to build a house in California after we were married. If the check is made out to him alone, is our house a separate property? However, the monthly mortgage was paid from our joint account. So is this house a community property or a separate property?
Thanks for your help.
3 Answers from Attorneys
It is some of both. A gift is personal/private property,as is anything bought with it. But if community funds are used to pay the taxes, make repairs, get furniture, etc., then that is community property. The court have always had a difficult time dealing with this type of situation but might take the total value of private and community property, divide that into the amount of community property and use the resulting percentage times the overall value to decide what portion of the property is community and reimburse you for one half of that should you divorce. The court is more likely to do that if you sold you own residence or showed some other detrimental reliance on the house being community property.
It is separate property with a community property interest. The community has an interest to the extent that community property funds were used to reduce principal.
Both Shers and Roach are mistaken. Your question cannot be answered without more facts, most importantly, how was title to the property taken, and did your husband and his father intend to make a gift to the community or retain separate property interest in the funds. Without further information there is no reliable way to answer your question.