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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116754
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My son has been living with s girlfriend over the past two

Customer Question

My son has been living with his girlfriend over the past two years. He brings home all house neccesities and she contributes with her personal expenses. Now, my son wants to buy his first home and we want to donate him 50% of the down payment, but we would like to protect our and his savings from future complication with her any her rights under the California law
Could you educate me on this issue please?
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year 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.
As long as they are not married, any purchase by your son is considered separate property, meaning that she has no legal claim over the property. However, if you want to completely protect not only your investment, but your son as well in the event of any split with the girlfriend, purchasing the house in an irrevocable trust would give you the ultimate protection. This protects not only your investment, but also his rights in the property and it protects them from not only the girlfriend, but from ALL creditors who may have some claims against him in the future, since any property in trust is not able to be seized for any debts.
Otherwise, you can purchase the house with him on the deed and also add yourselves as joint tenants on the deed with rights of survivorship. This would protect the house from her trying to make claims to the property, but not from any claims of creditors of you or your son.

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