My sons wife is getting an early inheritance from her parents. They are planning on using it for a down payment on a house. Will this become community property?
1 Answer from Attorneys
Maybe. It depends on the intentions of the parties and whether they handle the transaction to follow that intent. If the desire is to maintain the property as an item of separate property, the other spouse should sign a quit-claim deed, the property should be titled only in the name of the spouse providing the funds, and the parties should get advice about the implications of making future mortgage payments from community property income, which will normally have the effect of creating a community interest under the Malmquist case. Seeking detailed advice from a family law specialist would be a good idea.