Splitting real estate when kids are on title.

[dead_on760]

My parents have been married in CA for 50 years. They own two homes, one was a rental. Each home's title is in the names of two of their children. My parents recently separated and my father refuses to pay alimony nor split the real estate. They are both 65+ yrs old receiving SS, my mother receives about a fourth of what my father receives. In addtion, my father receives $1000 in income that the rental property generates per month. My father paid the mortgages of both homes, since we were a single income family and feels that its his house and not community property. Can the houses be considered in divorce settlement even if my parent's names aren't on the titles?

 

[LdiJ]

My parents have been married in CA for 50 years. They own two homes, one was a rental. Each home's title is in the names of two of their children. My parents recently separated and my father refuses to pay alimony nor split the real estate. They are both 65+ yrs old receiving SS, my mother receives about a fourth of what my father receives. In addtion, my father receives $1000 in income that the rental property generates per month. My father paid the mortgages of both homes, since we were a single income family and feels that its his house and not community property. Can the houses be considered in divorce settlement even if my parent's names aren't on the titles?

Unfortunately no, they cannot be considered in divorce because they do not belong to either one of them, the belong to their children. In fact, their children could actually give the houses to their mother and put dad out of the loop entirely. The kids owning the rental property could give mom a life estate in the property so that she could either live there or collect the rental income herself. The kids have all of the power where the real estate is concerned, dad has none.

Your mother also should be able to collect more social security than she is getting. If collecting on her record only gives her 1/4 of what he gets then she should collect on his record instead. She can do that even if they get divorced. She is allowed to collect on his records as they were married for more than 10 years. She would get 1/2 of what he gets if she is collecting on his record. It would not impact his benefits at all.

 

[justalayman]

Since your parents don’t actually own either home but the children do, why the children are paying or allowing the rental income to go to the father is a curious point. I suspect it is the result of some attempt to avoid probate or the holding of assets which may jeopardize government payments. That may play to your father’s detriment.

Inline with what ldij posted, as it stands there is no real estate for your parents to split. It is owned by others (the children). Without knowing the process which caused the titles to be held by the children there is no way of knowing if your father could some how wrest title from them. That would be a very unlikely situation but not totally outside the realm of possibility. If he could, it would expose the properties to the divorce and given your description they would both be considered community property. As I stated that would be a highly improbable situation. Most likely it’s as simple as it is the children’s property because that is who holds title to it. As such the children can do what they wish with the properties and income from the rental property.

 

[HRZ]

AS above, the children own the real estate and they should step in and manage it as they see best , including get the rental income .

It seems unwise or questionable to that Mom get 1/4 the amount of SS as does. Dad...ordinarily she would be unrifled to greater of SS on her own record or 1/2 of what Dad gets ( not cutting into his amount ) check on it Tuesday...she does not need his permission to claim based on his record .

Dad will pay alimony if the court so orders....Mom needs to address the rules via a lawyer and not take advice from the enemy.

BTW which parent lives in the so called family home which is owned by children.?