Legal Question in Family Law in California
Significance of daughter’s name in title of community property at divorce time
My wife bought a rather expensive condo with our community property in 1990. The title of the property was in her name only, at that time.
My daughter moved into the condo in 1990. House payments have been made by my wife with our community property except for first couple of years where my daughter made house payments. Condominium dues have been paid by my daughter all along.
In 2001, my wife added my daughter?s name to the title of the condo. When I divorce my wife now, does my daughter have any legal right to the condo? Her name appears in the title along with my wife?s, and she has been paying condominium dues. My name is not in the title of the condo.
1 Answer from Attorneys
Re: Significance of daughter’s name in title of community property at divorce time
If the condo was purchased with community property funds it should be community property. The addition of your daughter's name to the deed may complicate the situation. Her payment of condo dues could be considered as rent. You should discuss this with an attorney, and obtain records of the purchase of the condo.
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