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 got a divorce, it might be possible to get the property in your mothers name, but not with regards to a separation.
The courts in California will divide the community property of the parties equally after setting aside to each spouse that spouse's separate property. Community property is presumed to be all property acquired by the parties during the marriage and held in joint form. This presumption may be rebutted by a clear statement in the title by which property is acquired that the property is separate and not community property or by proof that the parties have a written agreement that the property is separate property.
In New Mexico, upon granting a decree of dissolution of marriage, the court in New Mexico will set aside to each spouse that party's separate property and distribute the community and quasi community property among the parties and the court deems equitable and just.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.
