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!


Asked on 2/22/06, 9:06 pm

2 Answers from Attorneys

Mina Tran PALMER & TRAN, LLP

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.

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Answered on 2/23/06, 12:56 pm
Larry L. Doan Law Office of Larry L. Doan

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.

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Answered on 2/23/06, 3:47 pm


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