婚姻中房产问题

妹妹妈
楼主 (文学城)

我们在美国有一栋房子是在婚姻里买的, 当时是夫妻两个人的名字,前几年发现老公外遇要求离婚, 他不想离就把房子全部过户给我了,但是事实并不是我期望的那么简单。请问如果我现在申请离婚的话, 这房子是算做夫妻共同财产吗?谢谢!

柠檬椰子汁
在哪个州?

法律上有句俗话“possession is 9/10 of the law". 房子在你单人名下,而且是他赠与你的。那么default position就是房子是你单人的。

当然情况不那么简单,但是他要把房子分走一部分要花额外功夫。具体法律怎么样,要看州法。

妹妹妈
在加州
柠檬椰子汁
Reply

Your situation is called "transmutation of community property into separate property".  Since he signed the deed to gift the house to you, it probably satisfy CA's requirement.  see below. 

I am not a lawyer practicing in California.  This is not a legal advice. 

https://www.familylawsandiego.com/family-law-blog/2019/june/how-to-transform-community-property-into-separat/

"In contrast, transmutations occurring on or after January 1, 1985, require a written declaration explicitly stating that the parties intend to effect a change in the character of ownership regarding the property. Furthermore, this declaration must be acknowledged and accepted by the party whose interests in the property are adversely affected by the transmutation."

 

A transmutation can come in the form of other legal instruments, such as property records and contracts.

The following instruments can be used to effect a transmutation in property:

Wills: Before January 1, 1985, a statement in a spouse’s will that claimed all of the couple’s property to be part of the community estate was sufficient to effect a transmutation. However, after January 1, 1985, statements in wills were held to be inadmissible as evidence of a transmutation in proceedings that are commenced before the testator’s death. Marital agreements: Premarital and postmarital agreements may effect a valid transmutation. Title documents: Property acquired under joint title between the parties is presumed to be community property:  
h
hello2002
even so, does it count as community property in regard of divorc

even so, does it count as community property in regard of divorce process?

柠檬椰子汁
get a lawyer if you can't understand the article.
h
hello2002
the article only says about property ownership,

my understanding is even it is only separate ownership, it can be claimed as community property for divorce process purpose?

柠檬椰子汁
Read the article again

The first sentence is "A significant issue that must be resolved in a divorce involves dividing property and assets between the parties. "

Separate property is not part of the division during divorce.  That is why it is important to identify which property is "community property" owned by married couples or "separate property" owned by individuals. 

英文字都认识,但是意思理解不了,所以请律师好了。

h
hello2002
this first sentence( and the 2nd) is not in your previous post.

these 2 sentences are the fundamentals to all the definitions you quoted. and they were missing in your first post here.

i dont normally click on the link. just read your post most of the time. i eblieve many of the readers here are the same.

北疆大妈
赞柠檬椰子汁的热心回复。我长期潜水,从每次他对网友的热心回复中学到了不少????
笑薇.
+100!!
s
shuilifang
+100
s
sunny127
+1000
柠檬椰子汁
谢谢,仅仅是书本知识。
h
happylittlewoman
一句话的建议可是十年书的功夫,谢谢