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

UPDATED: May 30, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: May 30, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


John York / John York Law Office

Answered 10 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption