Legal Question in Family Law in California
I am thinking of giving a free house to my single, adult daughter. Does it help for me to keep the title to ensure that her future husband cannot claim it as marital property? I do not mind if that happens after staying together for years raising their children etc. but not after a short marriage. Or does it make no difference whether she has a title or not for the distribution of their assets. I do not want the gift to be a source of contention.
3 Answers from Attorneys
If you give the house to your daughter and it does not have a mortgage or a lien it will not be community property. If she takes a home equity loan on the property and pays it off after she is married it may become community property. Of course in a premarital agreement she can designate the property any way she desires.
You ought to talk to a tax specialist before you give it away.
If the house is paid for, I would put it in a trust so that hubby would convince her to take a loan out and then take the money (yes, I have seen this). You should discuss with an attorney how to set it up so your daughter is protected.
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