If the deed to my home is in my husband’s grandmother’s name but was purchased for my husband andI, what are my rights to it in a divorce?
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If the deed to my home is in my husband’s grandmother’s name but was purchased for my husband andI, what are my rights to it in a divorce?
My husband andIi are the only people living in the house.
Asked on July 1, 2011 under Family Law, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I think that you are going to have a very difficult time trying to obtain half the property in the divorce. If the title were just i your husband's name it would be hard as well as I am sure that hi family wold back him up in the claim that it was a gift or inheritance. But with it being in her name it looks from the outside looking in like maybe she had an investment property and you were living in it. I say this without knowing additional facts like is there a mortgage? Is it in her name only? Are you paying the mortgage? Did she ever make a statement to anyone else that the house was a gift to the two of you? Will they testify to that? Have you continued to upgrade and maintain the house? All these answers matter. Good luck.
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