Property Mine or Just My Husband's?

[CAGirl001]

What is the name of your state (only U.S. law)? CA

Hi. I live in California. We bought a home from my mother-in-law using an "early inheritance" from her to my husband.

Can anybody tell me whether I have rights to this home if we divorce? Here is what it says on the deed:

"Borrower" is (husband's name) and (my name), husband and wife as community property, with right of surivorship as to an undivided 48.72% interest and (husband's name), a married man as his sole and separate property as to an undivided 51.28% interest.

Thanks for any help.

 

[FlyingRon]

It's odd to list "borrower" on the deed. The deed goes between grantors and grantees. As it is stated, you get half of the 48% as community property in the divorce and he retains the his half and the 52%. I'm not sure how enforceable that is. A bigger issue is if he dies. Unless you are the beneficiary of his estate by his will, that 52% isn't necessarily coming to you.

 

[CAGirl001]

Thank you very much, FlyingRon.

I am not as concerned about being the beneficiary to his sole portion as a) he doesn't have a will, AFAIK, so I will default as beneficiary (also AFAIK?), b) although anything can happen, I am not anticipating him passing away before we divorce, as he is young (43), and c) I'm not really concerned about "getting as much as I can"...I don't want to "get a lot" of money...I just want to know I have a cushion, and also know that all the time and work and upkeep and cleaning, as well as paying even if in a smaller way (I freelance from home - special needs son, daycare is hard to find) isn't for nothing; that at least some of this house is mine.

Thanks again.

 

[Silverplum]

Thank you very much, FlyingRon.

I am not as concerned about being the beneficiary to his sole portion as a) he doesn't have a will, AFAIK, so I will default as beneficiary (also AFAIK?), b) although anything can happen, I am not anticipating him passing away before we divorce, as he is young (43), and c) I'm not really concerned about "getting as much as I can"...I don't want to "get a lot" of money...I just want to know I have a cushion, and also know that all the time and work and upkeep and cleaning, as well as paying even if in a smaller way (I freelance from home - special needs son, daycare is hard to find) isn't for nothing; that at least some of this house is mine.

Thanks again.

"Cleaning" does not EVER "entitle" one to OWNERSHIP in a home.

Good grief.

 

[RRevak]

"Cleaning" does not EVER "entitle" one to OWNERSHIP in a home.

Good grief.

OP read this and then read it again. Maybe even print it out and put it somewhere you won't be able to miss because its about as honest as it gets. If you really wan't a "cushion", you're going to have to plan one of your own. If you're lucky enough to end up with a portion of the home (or proceeds of sale etc) then consider yourself ahead of the game. Otherwise, the only one you should be looking to ensure your future for you in the event of divorce is you.

 

[Zigner]

A creditor is not obligated to comply with the terms of a divorce agreement. The creditor could go after either or both borrowers for repayment of the loan, regardless of how the deed is worried.

 

[Ohiogal]

A creditor is not obligated to comply with the terms of a divorce agreement. The creditor could go after either or both borrowers for repayment of the loan, regardless of how the deed is worried.

I think the deed should just quit worrying. Though if the deed worries too much, they make medication for that. Maybe the deed needs counseling or a psychiatrist.