Legal Question in Family Law in California

Status of primary residence as community prop in Ca if held as ten. in common

If a married couple buys a home in Ca and intend to use it as

their primary residence, is it considered community property even

if the proceeds applied to the down payment came from either

separate property or quasi-community property sources? Is there a

presumption(conclusive?) that the home is community property if it

is the primary residence of the couple, irrespective of whether the

deed states the prop is held as a tenancy in common? The

surviving spouse wishes to proceed with a spousal set

aside rather than regular probate in order to quickly sell the

property.This shorter procedure is apparently only allowed when

the property in question is community property. ( Since the spouse

died in England rather than California, if the house is not deemed

community property, the spousal set aside route cannot be utilized,

even if the prop can be characterized as quasi-community

property. How to establish the house is community property in

Calif?


Asked on 3/09/06, 2:58 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Status of primary residence as community prop in Ca if held as ten. in common

Real property purchased with separate property, without a contribution of community property, would generally be separate property. Quasi property is considered to be community property in california for most purposes. You would have to review all of the facts with an attorney for a better opinion of the community property aspect of the property.

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Answered on 3/14/06, 1:05 am


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