Q: I was put on the house deed by my mom’s boyfriend. He passed away 5 years ago. Can my soon to be ex husband claim it?
The house is now in my name and mom’s name. It is paid off, no martial income was used to pay or maintenance the house what so ever. The house was not passed down to me through a will, my mom’s boyfriend just added me 15 years ago when he refinanced the house, I was married when my name was put on the deed.
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A:
Under California law, the house you were added to by your mom’s boyfriend 15 years ago is considered separate property since it was not acquired or maintained with marital income. Because the house is in your name and your mother’s name, and it was not a gift or inheritance passed down to you during the marriage, it remains separate from any marital assets.
Your soon-to-be ex-husband cannot claim this house as part of the marital property during the divorce proceedings. Since there were no marital funds used for the purchase, mortgage, or upkeep of the house, it does not fall under the community property laws that govern the division of assets in a divorce.
Ensure you keep clear documentation of the property’s history and the fact that no marital funds were used. This will help in demonstrating that the house is indeed separate property, thus protecting it from any claims by your ex-husband.
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