How can I remove my girlfriends name from the title of our vacation property? 1 Answers as of August 14, 2011I have a somewhat complex question, before our marriage my girlfriend and I purchased a vacation property by refinancing my home. My question is that I’m prepared to sell the property to divide the gain, if need be. Her attorney is suggesting that she might be entitled to ½ the funds used for the purchase, although it was 100% financed by my separate property. Are there any laws that back their argument at all? And what would be the traditional way of removing her from title?
Law Office of Patricia Van Haren | Patricia Van Haren
Since you put her name on title, there are cases which indicate the manner in which title is held shows the ownership of the property. You may be entitled to reimbursement for the separate property money put into the down payment on the home. Her attorney will presumably argue that it was you intent to make a gift to the community. You will not be able to remove her name from title without a court order or a Quit Claim signed by her. You should immediately seek a family law attorney to argue your case that the home should be separate property or at least a percentage of it should be. The characterization of property is often a heavily litigated matter in a divorce and without looking at all the financial documents pertaining to the purchase, payments or improvements during the marriage and the title documents, it is impossible to provide you with a comprehensive answer.
Answer Applies to: California