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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 12908
Experience:  Licensed experienced Attorney
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My boyfriend was divorced in CA 2 years ago (long term marriage).

Customer Question

My boyfriend was divorced in CA 2 years ago (long term marriage). He pays spousal and child support. I am buying a home for the both of us and would like to add him to the deed. Can his ex spouse lay any claim on our home even though he is not on the mortgage note, but he is on the deed? How best to protect us from her?
Submitted: 1 year ago.
Category: Family Law
Expert:  Alex J. Esq. replied 1 year ago.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

As long as your boyfriend is divorced, the only way your boyfriend's wife can place a lien on the house if you put your boyfriend's name on the title, if the boyfriend is delinquent on court ordered child support or spousal support.

In a situation, such as you are describing, it might be a good idea to simply not put your boyfriends name on the title, until he is done paying his court ordered child support and alimony / spousal support, in order to avoid any potential claims by the ex-wife in case if the boyfriend does somehow defaults on his child support or spousal support obligation.

I wish you the best of luck and please let me know if you have any related follow up questions.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 12908
Experience: Licensed experienced Attorney
Alex J. Esq. and 3 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you for the information and your quick turn-around. As he paid half the down payment and is also paying half of all costs related to the house, what is the best way for him to protect his financial interests if I don't add him to the deed? Given his past experience I totally understand that he is a bit nervous about this situation. Thank you.

Expert:  Alex J. Esq. replied 1 year ago.

Dear Jasmine,

 

Thank you for your follow up.

 

I also understand your boyfriend's concern and another way for him to protect his investment, is to have a promissory note signed by you, that would allow him to collect any amount that you are in agreement that he is entitled to as it relates to the new house. The only issue would be that this note would not be secured by a collateral, but otherwise it would be legally enforceable.

 

It would be a good idea to have a local attorney draft such promissory not and check to make sure that it is legally sufficient and does reflect the intent that both you and your boyfriend has.

 

I wish you the best of luck!

Customer: replied 1 year ago.

Great - thank you so much!

Expert:  Alex J. Esq. replied 1 year ago.
Dear Jasmine,

Thank you and GOD bless you!

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