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Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 37412
Experience:  16 years real estate, Realtor. Landlord 26 years
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My husband and I purchased a home, with my son. He was taken

Customer Question

My husband and I purchased a home, with my son. He was taken off of the purchase because the lender said his credit was not good enough and suggested that we add him to the title at a later date, which we did. Our son is now going through a divorce and his wife is asking for a % of equity in the property. Does she have any legal right to the property?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Barrister replied 2 years ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can..When you later added son to back to the deed, this would be considered a gift from you and wife to son for some portion of ownership of the property. Gifts and inheritances are the separate property of the recipient and not divisible in a divorce..So no, she has no claim to any of the house...thanksBarrister
Customer: replied 2 years ago.
He is not on the Note or the Deed, only the title. We gifted him the equity.
Expert:  Barrister replied 2 years ago.
Ok, if he is on the title to the property then he would legally be a part owner of the property. But regardless, if this was a gift to him of the equity, then it is still his separate property and not subject to division in any divorce...thanksBarrister

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