Legal Question in Family Law in California

Community Property

Our home is in my wifes name but I have a community property interest in the property. Neither my wife or I are interested in filing for divorce or legal seperation. We live together part of the time a apart part of the time. My wifes son wants her to sell the property when I am not there to keep me from getting my share of the community property. Question: How can I tell the world that I have an interest in the property so it can't be sold without my being protected?


Asked on 5/02/07, 7:27 pm

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: Community Property

WA doesn't care whose name the house is titled in, what matters is who contributes to the mortgage and with what funds.

If the house is in WA you have a community property interest in it based on your marriage and it is not relevant where the marriage was contracted so long as it was recognized by the state where you resided at the time.

Your wife's son -potentially- has a 1/2 interest in your wife's separate property - IF she were to die without a will AND the property was in WA.

Your wife's sons desire is not nearly as important as your wife's intent. If she sells, then there are the proceeds of the sale and you have a c.p. interest in the proceeds. Again, by virtue of your marriage.

There is nothing you have to do to proclaim your interest other than to stay married. If a title company were to insure the transfer of the fee interest without your express consent, you would have a very nice action against the title company.

IF the house is in CA, you need to talk to a CA atty as the answer may be different there. Remember, it isn't about the statutes its about the caselaw.

Hope this helps. Powell

Read more
Answered on 5/03/07, 1:08 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California