If I buy a house with my daughter or have her name on the mortgage, does her husband have a claim on the house during divorce?

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If I buy a house with my daughter or have her name on the mortgage, does her husband have a claim on the house during divorce?

They are currntly seperated and selling their existing house.

Asked on December 20, 2012 under Family Law, Tennessee

Answers:

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

Answered 8 years ago | Contributor

If you live in a community property state, community property is property acquired during marriage.  Community property also includes income during marriage.  Each spouse has a one half interest in the community property.

Separate property is property acquired before marriage or after the marriage ends.  Separate property also includes income before marriage or after the marriage ends.  A spouse has no claim to the other spouse's separate property.

Your daughter's share of the house purchased with you when she and her ex are separated with no intent to reunite is her separate property, and her ex would not have any claim to the house because he has no claim to her separate property.


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