Am I entitled to a house my husband acquired during marriage using his power of attorney?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Am I entitled to a house my husband acquired during marriage using his power of attorney?
My husband used his power of attorney to acquire a house during our marriage. Whom he has power of attorney over is not deceased. We are now divorcing and I am filing a default judgement due to the fact he has not responded to any of the filings. Is this house community property? Its not a gift nor is it and inheritance because the person is not deceased.
Asked on February 21, 2019 under Family Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
It would be community property and you would have a right to it as commuity property since it was acquired durig marriage IF it was acquired legally--which means that your husband paid fair market value over it. It would be treated like any other home bought during marriage.
However, he did not pay fair market value for it but simply used the POA to take over property owned by the person who gave him the POA, he almost certainly breached his fiduciary duty and very possibly committed a crime as well: an agent or attorney-in-fact (the person given power by a POA) may not benefit himself at the expense of the principal (person giving him the power) or put his interests ahead of the principal. If your husband improperly took this property, neither of you will ultimately have a right to it, since an illegal transaction or one in violation of fiduciary duty can be undone or set aside, and the house transferred back to the person to whom it belongs.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.