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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111467
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Three months before divorce proceedings, my then husband and

Customer Question

Three months before divorce proceedings, my then husband and I bought a home but it was put in his father's name. During divorce I was denied rights to the home since my name was not put on the deed. Exactly one year later, it was put in my ex-husbands name. It's valued at 1.3M, but "sold" to him for about 450K. The home was always supposed to be ours and I was duped. Any recourse? (Santa Clara County)
Submitted: 11 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am afraid that once the house was put in the father's name this caused the house to not be community property. Without some written agreement between you and your ex documenting that you had an ownership interest in the house, I am afraid that legally as the house was not community property, the fact it was transferred to your ex after the divorce does not make it community property.
Legally, I am afraid that you would not have a claim to the home and the most of a claim you would have is if you proved that community money was used to purchase the house, would be to demand 1/2 of the community assets put into the house to buy it.

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