Can I claim that our home is community property even though my name is not on the deed?

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Can I claim that our home is community property even though my name is not on the deed?

My husband and I lived together for 2 years and had a child before we purchased our first house shortly before we were married. For tax purposes, his father suggested that I purchase the house as a first time home buyer and then transfer it to my husband so we could get a tax credit. I did so with the agreement that I would later be added to the deed of the house. I asked numerous times and he never did draw up the papers to have my name added to the house. We lived in the house for about 2 1/2 years, during which time we were married.

Asked on May 30, 2012 under Family Law, Texas

Answers:

John York / John York Law Office

Answered 9 years ago | Contributor

Arizona follows the inception of title rule, which means that whoever held title to the property at the time of marriage owns it as his or her separate property.  However the marital community is entitled to reimbursement for mortgage payments made on the property during the marriage and the marital community is entitled to a share of any appreciation in value of the property during the marriage in proportion to the marital community's monetary contribution to the property.  You need to prove that your premarital transfer to your spouse was not a gift but that there was an agreement.  This may be difficult without written proof.


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