Getting divorced in CA...Questions about recovering parental gift (house)

[Ohiogal]

I need to talk to my parents about their tax return, but they're neither US citizens nor residents of the US.

The gift was made for the whole house, not just a down payment, and the amount was a lot (house is in Socal).

Well then your parents were stupid.

 

[Ohiogal]

Isn't my father's intent also factually important in this case?

Nope. Not unless there is a writing that states his intent that PREDATES the purchase and complies with the statute of frauds.

 

[Zigner]

Let's hope this doesn't raise eyebrows as possible money laundering.

 

[Zigner]

Isn't my father's intent also factually important in this case?

His intent was already shown by how the transaction was done. This brings us back to the question of...was he lying then, or is he lying now?

 

[LdiJ]

Let's hope this doesn't raise eyebrows as possible money laundering.

Huh? Where is THAT coming from? In many cultures parents give houses to newly married children if they have the means to do so.

 

[PayrollHRGuy]

When you purchased the house the TITLE was put in both of you names. If your parents wanted it to be solely your property in the case of a divorce they should have required you to have the TITLE put in only your name.

Even now a mere hour and a half ago you naturally said they gave US a gift.

 

[Zigner]

Huh? Where is THAT coming from? In many cultures parents give houses to newly married children if they have the means to do so.

I know, but in today's environment, a large transfer of money as a "gift" without any reporting could cause some eyebrows to be raised.

 

[recentlydivorcd]

Huh? Where is THAT coming from? In many cultures parents give houses to newly married children if they have the means to do so.

This is indeed the case in the culture my parents and I come from. I am a legal resident of California but my parents are not and their tax implications are for their home country, not for United States.

 

[HRZ]

Well so far it's toss up as to just who was most unwise...you or your parents...And my view is that you get to lay claim as to being most unwise in financial matters ...you were in CA and presumably had access to CA matters about community and separate property and simple things like prenup agreements ...and are at least modestly well educated ....so far you hold slim to no odds about rewriting history ....you might have some odds to get STBX to not claim the house or its value in the division and deed it you ....if you think you are that clever..

 

[stealth2]

Isn't my father's intent also factually important in this case?

He doesn't get to suddenly say "Oh, that's not what I meant!"

 

[t74]

There is the law and then there is the right thing to do. Often these are different.

Sine OP and parents are from a different culture, they were likely ignorant at the time of the legalities, but that cannot change the law.

Maybe ex will do the honorable thing and disclaim his interest in the house.

 

[Zigner]

There is the law and then there is the right thing to do. Often these are different.

Sine OP and parents are from a different culture, they were likely ignorant at the time of the legalities, but that cannot change the law.

Maybe ex will do the honorable thing and disclaim his interest in his house.

Fixed it for ya'

 

[Ohiogal]

Fixed it for ya'

How did you fix it because I keep reading and see nothing different. Oh, never mind. HIS house... He shouldn't...

 

[Zigner]

How did you fix it because I keep reading and see nothing different. Oh, never mind. HIS house... He shouldn't...

It was subtle

 

[Ohiogal]

It was subtle

Don't confuse me today. I had a "trial" where the magistrate dropped a nuclear bomb on opposing counsel. Facebook me with your phone number. I will explain. BUT today... WTF???