If our house is built with money my husband received from his dad but the mortgage of the house is paid from our joint account, is the house a community property?

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If our house is built with money my husband received from his dad but the mortgage of the house is paid from our joint account, is the house a community property?

My husband’s dad gave him money to build our house after we were married. The check was made out to him only. However the mortgage every month was paid from our joint account. Is our house a community property or a separate property?

Asked on January 28, 2012 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Well here is the thing: I am fairly certain he is going to say one thing and you are going to claim another.  So a Judge is going to have to rule on this issue.  It sounds to me like the money was a gift - did he sign anything that says it was an advance on his inheritance - and that he took the gift (which arguably was to him alone) and he made the funds in to a joint asset by using them to build the marital home.  There is intent to make the funds part of the pot.  Now, if a judge rules otherwise I would assume that he would be entitled to a reimburseent of the funds from his 50% of the value (minus the mortgage, etc.). The house does not just become his property.  Get lega help here.  Good luck. 


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