Legal Question in Real Estate Law in California
Inheritance over properties
I got married with a divorced guy with one child from his previous marriage. Us, we have one child, 5 years old who is my only child.
In year 2005, my husband sold his property in Montana. That property was acquired during his first marriage. They had already settlement when they had divorce that my husband who would continue the payment for the loan.
When my husband bought a condo, we were already married. This condo was entered into an exchange at First American Company, so he would not pay the tax.
Now, every documents we filled out and signed regarding the buying of that condo, my husband always included his first son as one of his child.
I am just thinking if I will later on work and my husband will ask me to share an amount for payment of our loan for the condo in Watsonville, will I have a problem later on about my husband including his first child? Let say, if I share half of the payment and we finish paying that loan before we die. Are the children who are in that documents automatically the beneficiaries? If so, what does each child's part in the division of the property?
I am very curious on this matter because I want whatever share I would put in that condo, will only go to my only son when I die.
1 Answer from Attorneys
Re: Inheritance over properties
What occurs in the event that your husband dies, depends upon the exact wording of the deed for the condo. If it is your husband and his son, as joint tenants, then the son would get the property automatically, even if you had contributed to the payment. You would then have to file suit to claim an interest in the condo. There are a number of different scenarios depending upon how the deed is written. For specific advice, you need to take the deed to a real estate attorney for review.
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