Legal Question in Real Estate Law in California

Re: Joint Tenancy and Taxes on Real Property

You need to work on your run on sentences.

It sounds as if you used separate property to support the other spouses sep. prop.

On the other hand, your title says joint tenancy and taxes. It sounds as if you are asking if you have an ownership interest in the property, or at least a right to be compensated for what you have spent.

I believe you do, but would probably need more facts and clarity.

Re: Joint Tenancy and Taxes on Real Property

First, "a non written voided prenup aggreement in the lostfiles" makes no sense. You either have a written prenuptual agreement or you don't. If you do not have a written prenuptual agreement, then you have no prenuptual agreement, lost or otherwise.

As to the money you have invested in the property, it may depend upon whether your spouse owns the property as his separate property, or whether someone other person in your spouse's family owns it. If someone other than your spouse owns the property, you are likely to be able to claim a return of the money you have spent, together with interest. You probably do not, however, have any entitlement to an ownership interest in the property.

On the other hand, if your spouse is the owner as his separate property, and you are now going through, or contemplating going through a divorce, you may (and I emphasize may) be able to claim an ownership interest in the property. However, your spouse (or other member of his family who owns the house) may always claim that the money you contributed to the property was a gift which was never intended to be returned to you.

The most prudent course of action for you to take is to make an appointment with an attorney. If you are going through a divorce, or contemplating going through a divorce, you need an attorney who specializes in family law. If no divorce is in the mix, you will want to seek the services of a well seasoned real estate attorney.

There are a number of factors to consider in answering your question and, unfortunately, this forum does not lend itself to a discussion of all of those factors. Only after you have meet with an attorney will that attorney be able to properly advise you on your current situation, and answer your questions. Even if you must pay a small fee for that meeting, it sounds as though you may be saving tens of thousands of dollars in the long run.

Re: Joint Tenancy and Taxes on Real Property

Too many variables without looking at entire matter