Reply

来源: 柠檬椰子汁 2021-07-21 11:56:20 [] [博客] [旧帖] [给我悄悄话] 本文已被阅读: 次 (3631 bytes)
回答: 在加州妹妹妈2021-07-21 11:49:01

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:
  •  

所有跟帖: 

even so, does it count as community property in regard of divorc -hello2002- 给 hello2002 发送悄悄话 (85 bytes) () 07/21/2021 postreply 13:07:40

get a lawyer if you can't understand the article. -柠檬椰子汁- 给 柠檬椰子汁 发送悄悄话 柠檬椰子汁 的博客首页 (0 bytes) () 07/21/2021 postreply 13:46:03

the article only says about property ownership, -hello2002- 给 hello2002 发送悄悄话 (135 bytes) () 07/21/2021 postreply 13:57:04

Read the article again -柠檬椰子汁- 给 柠檬椰子汁 发送悄悄话 柠檬椰子汁 的博客首页 (1445 bytes) () 07/21/2021 postreply 14:14:06

this first sentence( and the 2nd) is not in your previous post. -hello2002- 给 hello2002 发送悄悄话 (267 bytes) () 07/21/2021 postreply 15:09:34

请您先登陆,再发跟帖!