Can I keep my home in divorce if we just purchased it and the deposit was a gift from my father?

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Can I keep my home in divorce if we just purchased it and the deposit was a gift from my father?

Can I keep my home in divorce if we just
purchased it and the deposit was a gift from my
father?

Asked on April 13, 2018 under Family Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Community property is property purchased during marriage.  Each spouse has a one half interest in the community property.
Separate property is property purchased before marriage or after the marriage ends.  A spouse has no claim to the other spouse's separate property.
The gift of the deposit from your father is your separate property regardless of the fact that it occurred during marriage.  Therefore, your spouse would not have any claim to the amount of the deposit.
If additional payments have been made on the house and those payments were from income during marriage, the house is community property and your spouse has a one half interest in the house because income during marriage is community property.
If no additional payments since the deposit have been made on the house, you can argue that since the deposit was a gift which was your separate property, the house should be considered separate property and your spouse has no claim.  That argument will be an uphill battle because your spouse will claim that since the house was purchased during marriage, it is community property to which your spouse has a one half interest.  The outcome of this dispute may be a proportionate interest in the house for both parties.


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 AttorneyPages.com 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.

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