Legal Question in Family Law in Washington

maritial property

Can a daughter give her mom a home, and it not be shared property of the moms husband who is not the daughters real father in the event of the moms death. The daughter will be living in the home. Can he take it from her?


Asked on 8/04/07, 3:57 pm

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: maritial property

Well, let me see if I can unscramble your question.

A person (daughter) can make a gift to a married person (her mother) without the gift becoming community property, yes.

If a person owns property with the deed to the property in that person's name then no other person can defease them of their estate (their ownership interest) on the basis of a gift to ANOTHER person.

I sense what you are worried about is the husband making the assertion he has some claim or right to the daughter's property on the basis of the mother's possible interest.

That is not going to happen in this state on these facts. The husband could -just possibly- have a community property interest in the MOTHER's property, but under these facts the mother is not on the deed of the daughter's property, and thus the husband has no right or title to the daughter's property.

Hope that helps. If the facts were different my answer could change so please do not rely on this as a full and adequate professional analysis.

Elizabeth Powell

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Answered on 8/04/07, 4:53 pm


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