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My son is getting ready to file for divorce and bought his…

My son is getting...

My son is getting ready to file for divorce and bought his house after he was married. But it was his Grandparents house and has been in the family for close to 60 years. My husband & I borrowed $$ from 401k and husband gave up his inheritance $$ so our Son could buy the house. House is in Son's name only. Equity is around $250,000. Is this considered separate property? Is there anything we can do so wife doesn't force him to sale house, other than buy her out for her portion of $250 equity?

Lawyer's Assistant: What steps have been taken? Have any papers been filed in family court?

No

Lawyer's Assistant: Family law varies by state. What state are they in?

California

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I can think of

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Answered in 4 minutes by:
3/23/2018
Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 42,577
Experience: Attorney with 17 years experience
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

Is this considered separate property?

.

Did he pay for it entirely with his own funds or money you gifted only him?

.

Has he been paying any mortgage with money earned during the marriage?

.

How long ago did he purchase it?

.

Does the deed state the property is his "sole and separate property" in the deed?

.

.

thanks

Barrister

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Customer reply replied 4 months ago
1) No
2) Yes
3) 2012
4) I think so, but not positive

Ok, then this would be considered "Quasi-separate" property... That means that since he has been using marital money to pay the mortgage for it, the wife has some legal interest in the house now..

.

What that means is that if he can't agree privately to buy her out, then she could force a sale of the house and he would then get his separate money (i.e. the gift money from you) off the top of any sales proceeds and then the rest of the money would be divided evenly..

.

If he had taken title that way, it would have remained his separate property if he had bought it outright.. But when he started using marital money to pay for it, that gives the wife an interest in it..

.

.

thanks

Barrister

Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 42,577
Experience: Attorney with 17 years experience
Verified
Barrister and 87 other Family Law Specialists are ready to help you
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Customer reply replied 4 months ago
thank you
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