Legal Question in Immigration Law in California
citizenship and property
Is it true that even If I am married to American citizen but I am not a citizen, If we buy a house together it is considered gift from him to me? And I have to pay taxes on it?
Thank you!
2 Answers from Attorneys
Re: citizenship and property
Real property laws usually do not consider your immigration status. If you are not a US Citizen but own a home with your spouse as common tenants then all the usual property and tax law still apply to you.
To pay your taxes, you should either apply for a social security number or a tax identification number.
Re: citizenship and property
Like the other attorney said, immigration status doesn't matter. There's no "gifting" involved because most property bought in California by a married couple are automatically community property, which means each person owns half. If you don't want it in your name, then your husband can buy it as his own separate property provided he can show the purchase money came from his own separate account. But even if it's half your property later, you can always transfer your half to him as a gift.
Larry Liem Doan, Esq.