Rental property bought under her name during marriage coming from my bank account

[narf]

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

Here is the REAL situation

Our marriage lasted 2 years

We got married, 5months later $150k was wired from a middle east country to my sole owned bank account.

The money was used to buy a house under my wife's name only. They money went from my bank account to the title company (making it look like I paid for the house). I had about $270k in my account at that time which includes the $150k, wired in.

The money was wired from her relatives in the middle eastern country.

What is the best way to make sure I at least get half the house?

They want me to give them the entire house.

Would it be best to try to go after it and say I want the entire house and hope in getting at least half, since it was my sole owner money from my own checking account? Just make up a story.. a business partner which I cant get a hold of anymore because we got into a business argument that lives in the mideast gave her relative the money to wire to me...

The reason I say this is because I'm scared to say the truth since they will try to prove another case law which says since that money belongs to her or her family before the marriage and wasn't made during the marriage that it should be kept for her only and also since it is already under her name that it should be kept like that.

I think my chances are better trying to go after the entire house to be put under my name and then getting 50% instead of playing it on the defensive...?

Her lawyer is going to depose me this week and my lawyer doesn't know the whole situation yet with the money for the house. So I need to figure out what to do now!

What do you all think is going to happen?? NOT what you think of me!

 

[HomeGuru]

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

**A: you are going to have to provide a lot more info.

 

[Zigner]

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

Here is the REAL situation

Our marriage lasted 2 years

We got married, 5months later $150k was wired from a middle east country to my sole owned bank account.

The money was used to buy a house under my wife's name only. They money went from my bank account to the title company (making it look like I paid for the house). I had about $270k in my account at that time which includes the $150k, wired in.

The money was wired from her relatives in the middle eastern country.

What is the best way to make sure I at least get half the house?

They want me to give them the entire house.

Would it be best to try to go after it and say I want the entire house and hope in getting at least half, since it was my sole owner money from my own checking account? Just make up a story.. a business partner which I cant get a hold of anymore because we got into a business argument that lives in the mideast gave her relative the money to wire to me...

The reason I say this is because I'm scared to say the truth since they will try to prove another case law which says since that money belongs to her or her family before the marriage and wasn't made during the marriage that it should be kept for her only and also since it is already under her name that it should be kept like that.

I think my chances are better trying to go after the entire house to be put under my name and then getting 50% instead of playing it on the defensive...?

Her lawyer is going to depose me this week and my lawyer doesn't know the whole situation yet with the money for the house. So I need to figure out what to do now!

What do you all think is going to happen?? NOT what you think of me!

I would suggest that you tell the truth. I will not help you try to defraud anybody with regard to the nature of this gift.

 

[tranquility]

None of this house is the OP's and he should not lie to try and steal some of it. It is a crime and will easily be found out.

It's not community property.

 

[Zigner]

None of this house is the OP's and he should not lie to try and steal some of it. It is a crime and will easily be found out.

It's not community property.

Depending on the nature of the gift, it MAY be...but you're right - I seriously doubt that the relatives intended to make a gift of this to anybody but their blood relative.

 

[HomeGuru]

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

Here is the REAL situation

Our marriage lasted 2 years

We got married, 5months later $150k was wired from a middle east country to my sole owned bank account.

**A: why was the money not wired to your wife's account? If she had no account, why could she not have opened an account?
Do you use your bank account for joint use?

##########

The money was used to buy a house under my wife's name only.


**A: why was your name not on title to the property? Was the $150K a gift from her family to only her and not you?

########
They money went from my bank account to the title company (making it look like I paid for the house). I had about $270k in my account at that time which includes the $150k, wired in.

**A: and how did you treat the $150K on your tax returns in the following year?

########

The money was wired from her relatives in the middle eastern country.

What is the best way to make sure I at least get half the house?

**A: why are you entitled to half the house?

########

They want me to give them the entire house.

Would it be best to try to go after it and say I want the entire house and hope in getting at least half, since it was my sole owner money from my own checking account? Just make up a story.. a business partner which I cant get a hold of anymore because we got into a business argument that lives in the mideast gave her relative the money to wire to me...

The reason I say this is because I'm scared to say the truth since they will try to prove another case law which says since that money belongs to her or her family before the marriage and wasn't made during the marriage that it should be kept for her only and also since it is already under her name that it should be kept like that.

**A: but the property was bought during the marriage.

########

I think my chances are better trying to go after the entire house to be put under my name and then getting 50% instead of playing it on the defensive...?

Her lawyer is going to depose me this week and my lawyer doesn't know the whole situation yet with the money for the house. So I need to figure out what to do now!

What do you all think is going to happen?? NOT what you think of me!

**A: stop playing games. You need to tell your own lawyer the truth.

 

[narf]

What would happen if I told them my scenario?
How can it be proven?

 

[ecmst12]

Um, her relatives testify about what really happened and you look like a schmuck in court.

 

[HomeGuru]

Since the property was acquired during the marriage, it would be deemed community property.
The purchase of the property through fraudulent means would certainly be considered by the Family Court judge.

 

[Zigner]

Um, her relatives testify about what really happened and you look like a schmuck in court.

Or, another possibility is that the OP is charged with perjury.

 

[Zigner]

Since the property was acquired during the marriage, it would be deemed community property.
The purchase of the property through fraudulent means would certainly be considered by the Family Court judge.

That's not how it works. If the wife is gifted X dollars, that is her separate property. If the wife uses that same X dollars to purchase property, that property is her separate property.

 

[HomeGuru]

OP, get with the program. If I was the opposing attorney I would ask to see your bank statements before and after the $150K deposit.
Question: where did you get the money? Interesting in that the family has a statement that the funds were wired to your bank account.
I would also ask for copies of the real estate closing documents.
Shall I go on?

 

[tranquility]

Since the property was acquired during the marriage, it would be deemed community property.
The purchase of the property through fraudulent means would certainly be considered by the Family Court judge.

Um..no. Since I latigo is looking in, I'll wait and watch the fun rather than go through the paragraphs required to explain the error(s).

 

[HomeGuru]

There are 2 issues here. The OP needs to make a claim that the property is community property. The wife's side will make a claim that the property was a gift and therefore not community property.

 

[Zigner]

There are 2 issues here. The OP needs to make a claim that the property is community property. The wife's side will make a claim that the property was a gift and therefore not community property.

Right - but the fact (alone) that it was acquired during the marriage does not make it community property.