Legal Question in Real Estate Law in California

can they take the property?

My fiance is purchasing a mobile home here in Lompoc CA. She wants my name to be on the title. I am currently paying back some past due child support(court ordered) and they are currently taking garnishments. I just want to know can I be on the title to this home if I have this debt(debt being paid biweekly from check.


Asked on 2/29/08, 2:22 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: can they take the property?

Legally, yes, you can be placed on title. Owing money is not a barrier to receiving a gift.

One thing you probably cannot do legally is take any substantial amount of money (or other assets you might have) and invest it in real estate or the like with someone else. This might be looked at as a fraudulent transfer. People who owe money on judgments or other court orders or who are facing judgments cannot take easily-reachable assets such as cash and invest in harder-to-attach interests such as real estate held in someone else's name, or with title shared with someone else. This is a form of fraudulent transfer and can result in penalties for whomever squirrels away his money and for all who participate. This doesn't sound like what you are doing, but for the benefit of others who will read this post, I think I should mention it.

A final note. As soon as your name shows up in the public records in connection with the ownership of an asset or an interest in an asset, that fact may come to the attention of your creditors. If you are current on court-ordered payments or there is no other reason for the creditor to disturb the status quo, the creditor maybe won't open a new battlefront in trying to collect the obligation, but it's always a possibility that you have to keep in mind.

Also, so long as your fiancee is not collaborating with you in any fraud, her share of the mobile home would not the touchable by your creditors.

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Answered on 2/29/08, 5:23 pm


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