Full question:
My family and I currently reside in California. Approximately seven years ago, we lived in a small town in Mexico on the border with New Mexico. My parents bought property in New Mexico while we resided in Mexico. The property is under my father's name only. My parents, who were married in Mexico, have been separated for about four years, but they have not been divorced. My question is this: because my father has never paid any child support for any of us, would it be possible to transfer the property to my name without his consent, as a form of collecting child support? I would like for this property to stay within our family. Is there any legal approach I can take to change this property's title to either my name or my mother's name?
- Category: Divorce
- Subcategory: Separation Agreements
- Date:
- State: New Mexico
Answer:
If your parents were to divorce, it might be possible to transfer the property to your mother’s name. However, since they are only separated and not divorced, this is not an option. In California, community property is generally divided equally during a divorce, after accounting for each spouse's separate property. Community property includes assets acquired during the marriage unless there is a clear statement in the title or a written agreement indicating that the property is separate.
In New Mexico, if a marriage is dissolved, the court will identify and set aside each spouse's separate property and distribute community property equitably. Since your father holds the property solely in his name, you cannot transfer it to your name or your mother’s without his consent, even if he has not paid child support. You may want to consult a family law attorney for further guidance.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.