Legal Question in Real Estate Law in California

Pre-nuptial/Real Estate question

My fiancee and I pan to purchase a house sometime within the week. The entire down payment (40%) will be a gift from my parents. Besides signing some sort of pre-nup agreement, is there something I can do to ensure that the entire down payment will go back to my parents in the event of a divorce and selling of the house? (i.e. Is there some sort of agreement that my parents and I can sign WITHOUT my fiancee knowing?)


Asked on 8/02/07, 2:50 pm

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Pre-nuptial/Real Estate question

A written agreement regarding the return of the money from your parents signed by all of the parties should protect them. They could also have a promissory note secured by a deed of trust on the property would ensure that they are repaid.

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Answered on 8/13/07, 12:32 am
Carl Starrett Law Offices of Carl H. Starrett II

Re: Pre-nuptial/Real Estate question

This doesn't sound like a particularly good start to a marriage. Why are you getting married if you even honestly approach fiance about this issue BEFORE you complete the purchase?

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Answered on 8/02/07, 3:12 pm


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