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Lady Themis
Lady Themis, Lawyer
Category: Family Law
Satisfied Customers: 7751
Experience:  Divorce, child custody, child support, etc.
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My parents want to put my name on their property to avoid probate.

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My parents want to put my name on their property to avoid probate. If I get a divorce, will my ex-wife be entitled to 1/2 of their property?

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In California, property acquired during the marriage by either party is generally presumed to be community property which would be divided in a divorce. However, property acquired by gift, bequest, devise or descent is the separate property of the acquiring spouse. Therefore, if your parents do not include your wife's name on the deed and you do not pay for the interest in the property, and do not otherwise contribute monetarily in any way to the property during marriage, it is your sole separate property not subject to division.



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