Can I Give My House To My Child?

Can I Give My House To My Child?

Ask RJ, Blog

The Question:

Can I give my house that I bought to my son so I do not end up having to share it with my soon-to-be ex?  I bought the house in my own name for cash. 

RJ Says:

When did you buy it?  If PRIOR TO MARRIAGE, then the property would remain your sole and separate property so long as the Husband’s name was never added to the deed.

If DURING THE MARRIAGE, then I would need to know more about the source of the funds used to purchase it.   If those funds were traceable to your sole and separate property prior to marriage or were received by you as an inheritance or gift during the marriage, then the property would remain your sole and separate property so long as the Husband’s name was never added to the deed.

However, I strongly agree with prior answers:  transferring it to your son just prior to divorce WILL NOT HELP, and would likely have adverse consequences. 

There is much more to discuss on this topic, including a “community lien” if community money was spent on sole and separate real estate during the marriage.

Do you have a question? Send it to RJ, and we’ll get you the answer you need.