Legal Question in Civil Litigation in California
while my daughter and her fiance were living together and planning their wedding, they purchased a house in my daughters name. he couldnt because IRS had attached his wages. Now they are seperated he is suing for the house he is living in(she went back to her condo she owns)and $50,000.00 besides an attorney we need to know if he will most likely get the house and will he get the money?
3 Answers from Attorneys
You have to deal with potential title and community property issues. I have no idea where the 50,000 figurencomes from and what to expect. Divorces and diivorce settlements have so many variables including mediations, stipulations, orders. Thisnwill be between thetwo and their attorrneys.
A person can make all sorts of demands in a case.
If community property was invested in the house through payment of the mortgage or property taxes, then the husband has some interest in the property. This is also true if he contributed to the down payment. Title essentially becomes a secondary issue, and does not determine rights between spouses in a divorce.
It's not possible to say what a judge would do if forced to divide the property. It all depends on the other assets and liabilities of the community, and how much each of the parties has invested. Houses often end up being sold in divorces to make an equitable division of assets and liabilities.
I disagree with the previous attorneys, who mention community property. Community property can only arise in the context of a marriage, and you do not provide any facts to indicate that they actually got married.
You should probably speak to an attorney familiar with both real estate and family law issues in something like this.