Can I give back the mobile home title to my mom after she’s given it to me and my family?

My mom buys me and my family a mobile home to live in. I was to pay her back for the cost of the mobile home. Then, 3 months ago, my mom gave me and my wife the title to the mobile home saying it’s it was a gift for the family. A month later, the wife asked for a divorce and I found out that my mom is still paying for the mobile home. Can I give back the mobile home to my mom since she is still paying for it?

Asked on January 20, 2018 under Family Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If it was given only to you (you are only one on title), you can give it back to your mother: you are the owner and can therefore gift or give it back to her. But if given to you and your wife--that is, if the title is in both your names--then you need your wife to agree to give it back; you cannot give back her share of or interest in the property without her consent or agreement. Selling the home and splitting the proceeds between you and your wife is all you can do in that case. That your mother is still paying for the home is irrelevant: all that matters is who owns the property.


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