Legal Question in Family Law in California
I have been separated from my husband for almost 22 years. My mother is quit claiming one of her properties to me & my current partner, with whom I've been with for 21 years. Do I need to hold title as a married woman as my sole & separate property & have by husband quit claim his interest to me?
1 Answer from Attorneys
You need to stop the whole thing. There are huge tax disadvantages to letting a parent give you real property while the parent is still alive, instead of willing it to you or putting it in a trust that passes to you when she dies. Depending on the value of the property, it can cost tens or even hundreds of thousands of dollars in unnecessary taxes when the property is sold, and may even have gift tax consequences now for your mother (the giver pays gift taxes, if any). In addition, if there is any mortgage on the property, the gift will almost certainly be an event of default and may trigger a due on sale clause that will have the lender banging on your door to pay off the debt or face foreclosure. Also, if it leaves your mother with more debt than assets, her creditors can sue you and her for a fraudulent conveyance. In short, a gift of property from parent to child in the parent's lifetime is 99.9% of the time a HUGE mistake.