Legal Question in Real Estate Law in Colorado

purchase

I know an elderly man who wants to buy a house and put a married lady on the title with him. Can they do this even though she is married to someone else.Would her husband have any rights to the house?


Asked on 6/10/07, 7:59 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: purchase

Legally, a man who is at least 18 years old can make a gift of a part interest in a house to a married lady, and the married lady's husband will acquire no interest in the house so long as no community money is ever used to pay for, or to improve, the house. This includes the lady's wages or salary, which are community funds. The deed and title should reflect that the co-owner is a married woman but that her interest is separate property.

Whether this is sensible or ethical is another matter. I'd recommend advice on whether to do this at all, whether to share title as joint tenants or tenants in common, and whether the "donor" needs a signed and notarized contract of some kind to cover the possibility of a change of mind somewhere down the road. There are better ways to make generous gifts of this kind; the tax impacts are usually easier and the deal is revocable during the donor's lifetime if the gives her the property or an interest in it through a testamentary gift or a living trust that by inter vivos gift.

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Answered on 6/10/07, 10:13 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: purchase

After posting my answer, I realized that this question pertains to COLORADO law, not California's. My answer was based on California law, and I have no idea whether it is correct or incorrect for Colorado. Please do not rely on it - I don't think Colorado is a community property state.

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Answered on 6/11/07, 12:10 am


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