Legal Question in Family Law in California

Iv'e been married for 35 years with my husband . he wants a divorce . before we were married he had the house that we reside in i'ts in his name.we both worked and paid the house off. he has a daughter with previous marriage and we have a son together. if we get a divorce could his daugher get the house if theres a will in place.or could i contest it ?


Asked on 1/23/10, 5:17 pm

2 Answers from Attorneys

Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

Depending on how title to the house is held, whether he has a will and, if so, what it says, there are fact patterns under which the daughter could get the house. This is something that you should (must) discuss with your divorce lawyer in order to protect your rights.

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Answered on 1/28/10, 5:32 pm
Cristin Lowe Law Office of Cristin M. Lowe

I agree with the previous response--you MUST retain an attorney in a situation like this. You need to first address this issue in the divorce proceedings before even getting to the issue of inheritance. Even if it is his separate property, because the community (i.e. both of you) contributed towards paying off the house, you are entitled to reimbursement. This is one of the most difficult and complex family law issues out there because of the detailed requirements needed to prove your claim.

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Answered on 1/29/10, 8:53 am


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