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.


Asked on 5/05/12, 9:04 am

3 Answers from Attorneys

Zadik Shapiro Law Offices of C. Zadik Shapiro

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.

Read more
Answered on 5/05/12, 11:36 am
Rhonda Ellifritz Law Offices of Rhonda Ellifritz

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.

Read more
Answered on 5/05/12, 8:40 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California