Legal Question in Family Law in California

I help pay for my parent's mortgage, what happens if I get divorced?

I help pay for my parent's mortgage, what happens if I get divorced, will my wife be entitled to half the property? The house is worth about $500k, and the remaining mortgage is about $60k. Currently I help pay mortgage by writing a check to my mom, but can I write the mortgage check directly to the mortgage company so that I can to claim my tax write off?

Thanks.


Asked on 3/24/09, 4:46 am

1 Answer from Attorneys
Mark Russakow Russakow, Ryan and Johnson

Re: I help pay for my parent's mortgage, what happens if I get divorced?

You can only claim tax advantge if you are on title. If you are not on title, then you will not get the tax break. Also, if you are not on title, no spouse can claim right to home, but can claim possible reimbursement for money paid on mortgage. You should probably have a post nup agreement to cover this home to make sure.

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Answered on 3/24/09, 12:18 pm


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