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 9 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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