Full question:
If my father gives me a grant deed (only in my name) to his home while he is in the hospital (its now in his revocable trust and 100% paid for) can my husband take half if we get a divorce? I'm in California and I have 5 kids so my dad wants to make sure I am okay in his passing.
- Category: Trusts
- Date:
- State: California
Answer:
In California, property acquired during marriage is generally considered community property, which means it is owned equally by both spouses. This includes property acquired with a spouse's income or funds during the marriage.
A grant deed given to you by your father, especially if it is a lifetime gift, may be seen as community property in a divorce. However, property that is inherited or received as a specific gift to one spouse can be classified as separate property, provided it has not been used for the benefit of both spouses.
If the home was given to you solely and is not mixed with community assets, it may remain your separate property. However, if you and your husband use the property for joint benefit, it could complicate matters. The court may consider how frequently the property was used by both parties when deciding on its classification.
To protect your interests, it's advisable to clearly state the property's separate nature in the title or through a written agreement. If you have concerns about how this may play out in a divorce, consulting with a family law attorney could provide you with tailored 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.