If my ex husband pays my property tax payment, can he claim my house?

Asked about 2 years ago - San Marcos, CA

My ex husband quit claimed his 1/2 interest in our community property home to our son. He made a tax payment on this house. Can he claim the house because he made the payment?

Attorney answers (5)

  1. Vincent J. Gallo

    Contributor Level 14

    6

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    Answered . I really doubt that he can claim anything. Except, however, if he can establish that the payment was somewhat in the form of a loan, and not a gift, he may be able to seek re-imbursement for the payment that he made, since it appears from the question that he had no legal obligation to make the payment.

  2. Michael Raymond Daymude

    Contributor Level 20

    5

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    Answered . Your question is ambiguous as to “he” and “claim the house” and contains too few other necessary facts for anyone to answer your question except in a very limited sense.

    That being said, if your husband no longer has any interest in the house because he quitclaimed it to his son, and assuming “he” who made the payment is the son, no. Making a single tax payment would not give the son any right to make a “claim” to 100% of the house.

    However, I urge you to consult an attorney regarding your rights and responsibilities. As time passes the son may be able to claim an interest in the house, even the entire 100% interest, if you have done nothing to protect your “community” interest.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more
  3. Shawn Michael Haggerty

    Contributor Level 15

    4

    Lawyers agree

    Answered . The absolute safe answer is "no." First seek out you CPA, not the tax preparer. In my limited scope of knowledge, you cannot claim tax exemptions that are not yours. Good luck and remember, it just takes a phone call to answer a question. Good luck.

  4. Chi Leung Ip

    Contributor Level 13

    2

    Lawyers agree

    Answered . I read that your ex made a tax payment. Did he loan your the money for the payment, or did he treat the payment as a gift? Either way, he still has no basis for a quiet title action. Edward C. Ip www.lawyer4property.com

    No attorney / client relationship established. The answr is for discussion and general information only. The... more
  5. Peter Cameron

    Contributor Level 12

    Answered . Your situation sounds as though you need a lawyer. Rather than get advice on the Internet, please contact me for a free consultation at 877-603-8473 and we can go over everything in detail. My website it below. Best of luck.

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