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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 15742
Experience:  Licensed Texas General Practice Attorney
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4 years ago my wife, me and my daughter moved into a house

Customer Question

4 years ago my wife, me and my daughter moved into a house as a family that my mother-in-law manages. If we divorced or the mother-in-law tries and gets me thrown out, am I entitled to anything, this is a house that my wife will inherit once mother-in-law dies, what is California's marriage and community property's ruling on this, again we moved into this house as a family, she has not inherited anything yet and the property once owned by her great grandma, then grandma, now her mom, no mortgage, only needs to be paid on property taxes, can they throw me and maybe my daughter out w/o any compensation,i have no where else to live? what is California's marriage community ruling on this?
Submitted: 1 year ago.
Category: Family Law
Expert:  ScottyMacEsq replied 1 year ago.

Thank you for using JustAnswer.

I'm sorry to hear about your situation. Note that there are not "rulings" on the matter (meaning court rulings) because the statute is clear: See California Family Code sections 760, 770, 771:

760. Except as otherwise provided by statute, all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this state is community property.

770. (a) Separate property of a married person includes all of the following:
(1) All property owned by the person before marriage.
(2) All property acquired by the person after marriage by gift, bequest, devise, or descent.
(3) The rents, issues, and profits of the property described in this section.
(b) A married person may, without the consent of the person's spouse, convey the person's separate property.

771. (a) The earnings and accumulations of a spouse and the minor children living with, or in the custody of, the spouse, while living separate and apart from the other spouse, are the separate property of the spouse.
(b) Notwithstanding subdivision (a), the earnings and accumulations of an unemancipated minor child related to a contract of a type described in Section 6750 shall remain the sole legal property of the minor child.

So an inheritance not yet received is not "acquired" and therefore not property. But even if it were, it would be separate property per section 770. While it is your residence (and you would still have to be formally evicted) as it's not your home, and presumably being allowed to live rent free (?) you could still be evicted. You don't have any claim to that property that was not acquired during the marriage (and even if acquired during the marriage through gift, bequest, devise or descent).

I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (good or better). Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 1 year ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 1 year ago.

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)

Expert:  ScottyMacEsq replied 1 year ago.

Should I continue to await your response, or may I assist the other customers that are waiting?

Expert:  ScottyMacEsq replied 1 year ago.

My apologies, but I must assist the other customers that are waiting. If there's nothing else, please rate this answer.Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (good or better). If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service as OK Service or higher. It's only then I am credited.

Expert:  ScottyMacEsq replied 1 year ago.

I see that you have not responded in some time. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (good or better). Thank you, ***** ***** luck to you!

Customer: replied 1 year ago.
Hi, the system would not allow me to reply back, sir, sorry about that. all my concern was that if we were married couple/family, moving into a place once owned by wife's great grandparents, then her grandma, now managed by her mom, could not just evict me outside of a house that does not have my wife's name to it, as we moved in as a family before this could happen and it did not. her mom claims she will inherit the house after she dies, nothing in writing and married laws does state that unless she had her name on a document saying it was hers before we moved in as a married couple, we moved in equally, she (mom-in-law)expects me to be end all do all and pay for taxes on property taxes while her daughter skirts under the radar and her daughter is 41 out of work 8 years now, i am trying to keep family above water with full time job in covina, ca, and studying for nclex-pn exam for state, cannot move up salary wise nor give what i do not have. she supported us for some years now and spoiled her Daughter for over 31, off welfare, etc, just want to make sure she cannot just kick me out, but that it would have to be all of us as a family, yes, then she could move back in and claim house, right, and also as such, as a married couple, regardless of it being her property, since we moved in equally as married couple/family, she would have to divide assets of house and property equally with me and or/us, correct and furthermore, cannot throw us out on our butts w/o a place to live, i hope, let me know if she does what is my legal remedy against her if anything, thanks! take care now.
Expert:  ScottyMacEsq replied 1 year ago.

If her name is ***** ***** the deed, she can't throw you out (unless she has guardianship or power of attorney over the owner of the property). That is true. As far as assets that you would be entitled to, it would be the assets that you and your wife acquired during the marriage. Any assets acquired before that time, or by others, would not be community property and not subject to distribution.

My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (good or better).

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service as OK Service or higher. It's only then I am credited.

Expert:  ScottyMacEsq replied 1 year ago.

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!

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