Can I protect my home that I purchased before marriage(that is in a family trust) and is held as my sole and seperate property by quick claiming my home to my brother or would I still legally be forced to pay half of the aquired equity that was accumulated during marriage? We live in California where we abide by community property law.
2007-01-18 16:40:39 · 3 answers · asked by ? 2 in Business & Finance ➔ Other - Business & Finance
How can I avoid paying 50% of the equity to my current husband, once I divorce him?
2007-01-18 17:10:27 · update #1
I suggest u contact an attorney and get professional help.
2007-01-26 16:36:38 · answer #1 · answered by darfol 3 · 0⤊ 0⤋
If you are married in California:
If you commingled ANY payments (utilities and upkeep) for the house with your spouse during the marriage and you are owner or part owner of property you spouse has some rights to it. I don’t believe a family trust or putting it in your brother’s name at this juncture can help, as you still have the time that it was in your name when you got married and your spouse can claim that.
When ever you want to keep property separate upon first accruing the home or upon marriage, you will need for the spouse to sign a quick claim deed to you and relinquish their rights to the home. But once again you can’t commingle any monies at any time for that property with them. Even paying out of a joint account can put you in jeopardy. You should have a separate bank account and checks for the payments.
I suggest seek legal advice from a Lawyer, good luck.
2007-01-19 01:11:18 · answer #2 · answered by Golden Smile 4 · 0⤊ 0⤋
If the ownership of the home is in a family trust, then you don't own it, so that also means that your future-wife, or in this case, your future-ex-wife, can't go after it. You might want to double check your options with a trust attorney. You could also consider a prenup.
2007-01-19 01:08:10 · answer #3 · answered by jseah114 6 · 0⤊ 0⤋