Legal Question in Family Law in California
Rights of children from first marriage
If a house was purchased during a first marriage, the first wife died in 1994, the husband re-married in 1996, and title to the house is in the name of the husband only, then what right(s) does the second wife have on net sale proceeds/equity of the house, if sold in 2005? No living trust, no will currently in effect. California is a community property state. Children are currently ages 22 and 20 (were 12 & 10 at time of their biological mother's death.) Husband is out of the country, has given Power of Attorney to children's aunt; current divorce proceedings pending with second wife.
2 Answers from Attorneys
Re: Rights of children from first marriage
The current wife would be entitled to 1/2 of the community property interest in the house, if any. The community property interest is dependent upon the facts of the case. This is a complex issue and is beyond the scope of an answer over the internet. Also the amount of money involved would dictate that the husband retain an attorney to represent him in this matter.
Re: Rights of children from first marriage
In a general sense, the residence is separate property, and the community has an interest based upon a "Moore\Marsden" calculation. It will be probably be slight in comparison to the total separate property equity.
For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various California family law issues by visiting my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
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