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

[tranquility]

Pitty latigo left. I'll just cut and paste from the family code:

760. Except as otherwise provided by statute, all property, real or
personal, wherever situated, acquired by a married person during the
marriage while domiciled in this state is community property.

770. (a) Separate property of a married person includes all of the
following:
(1) All property owned by the person before marriage.
(2) All property acquired by the person after marriage by gift,
bequest, devise, or descent.
(3) The rents, issues, and profits of the property described in
this section.
(b) A married person may, without the consent of the person's
spouse, convey the person's separate property.

To get to the presumptions at law (If the money were not a gift to spouse.) based on title, I'd have to go to case law on resulting trusts and transmutations and I don't think that is the problem here.

 

[ecmst12]

There *might* be an argument that the gift was meant for both of them, since it went into his bank account.

 

[Zigner]

There *might* be an argument that the gift was meant for both of them, since it went into his bank account.

I suspect the OP would have said as much, as opposed to coming here to be coached on the best lie.

 

[ecmst12]

OP doesn't seem like the brightest bulb. He should probably hire a lawyer.

 

[TheGeekess]

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!

Your attorney will not be able to do his job if you're leaving things out or not telling him EVERYTHING. That's going to be your fault, not his, when the time comes.

 

[Bali Hai]

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!

What might happen:

If you lie to your lawyer and the court and they find out, you are not going to be a happy camper.

The next person with good intentions that comes before the same judge might just get treated unfairly by the judge because you have tainted that judges outlook with your bull crap!

 

[davew128]

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?

As nothing for income tax purposes because it was a gift. A Form 3520 would need to be filed separately for receiving a gift from an NRA over $150k, but I don't think thats what you were getting at.

 

[narf]

ANOTHER QUESTION PLEASE FOR YOU LOVELY PEOPLE


I have filed for divorce august 2011.. it went into default and then it got overturned 2months later.
So basically I'm still in this mess. She lives in one house I live in another house.. legally we are still married.
I want to buy a commercial property with land in another state in a LLC that is not created in california.
What is going to happen if they find out I bought this property?
Thanks

 

[Zigner]

You really ought to be honest with your attorney. You're paying the bill, why hobble him?

 

[HomeGuru]

OP, I think you should move to Mexico.

 

[HomeGuru]

Did the OP run away? I asked a bunch of questions and thus far no response.

 

[narf]

I'm still here... so what do you all think..
I want to buy a property.. obviously I dont want my soon to be ex to have anything to do with it.. I dont even want her to find out...
But of course if she does find out I want to make sure I'm covered.

I know you all told me to tell my lawyer about it.. but it's another BS thing they would love to deal with to make the case more complicated and make more money off me.
So definitely I don't want to tell my lawyer about it. Thats why I am here..

What is the best situation to deal with buying a property now...

I am thinking this could be the best way to buy it...
Give cash to my dad and have him write a check with the memo "gift"
This way if they do find out about this property.. I can say it was a gift and thus is separate property even though we were married and the property was bought.

Please let me know what your thoughts are on this method.. is this the best way to do it in my situation so that if she finds out about the property she still cant get it..
Thanks

 

[ecmst12]

DON'T BUY IT UNTIL AFTER YOUR DIVORCE IS FINAL. And NEVER lie to your lawyer. Come back when you decide to start using your brain.

 

[narf]

I understand it is 100% better not to buy it now.. but lets just say that I have to no matter what buy the property... That's just a given.

What would be the best way to make sure my soon to be ex wont be able to try to claim it?

 

[sandyclaus]

You don't seem to understand.

If you are NOT divorced, any property you buy DURING the marriage using COMMUNITY assets will automatically become COMMUNITY PROPERTY. That means it your STBX WILL have a legal claim upon it.

We are NOT going to advise you on how best to screw your STBX out of any rightly claimed community assets. An ethical attorney won't, either.

Since you seem hell-bent on trying to find a way to greedily take community property and make it your own, I fear that any further time you spend here asking the same questions will be a waste of both your time and ours.

Please just go away now.