Legal Question in Real Estate Law in California

Re: Legal Protection

The only way to be protected fully is to marry him or have your name on the deed. A carefully drafted contract might provide some protection but the probability of you loosing every dime you put into that house is very high.

Re: Legal Protection

In response to your inquiry, let me offer the following:

This is a tough one! A full answer probably requires input from an attorney who specializes in probate and estate planning, as well as a specialist in family law. Even though the separated wife will quitclaim her interest in the property, if the husband were to die while the marriage is still in force, the wife could very likely make a claim to ownership of the house as the surviving spouse.

Further, even if the wife were not able to make a claim against the husband's estate in the event of death, its entirely possible that CalVet might view a transfer to you, under a will, as a transfer that allows them to modify the terms of their loan guarantee. I'll have to admit that I'm not all that familiar with CalVet policies and procedures. You might want to have the gentleman inquire directly with them, or contact an attorney who's savvy on CalVet matters.

Feel free to contact me with additional questions or comments.

And now, the de rigueur caveat: The foregoing information is provided as an accommodation only, and does not constitute legal advice or a legal opinion based on a comprehensive review of all relevant facts and documents, nor can provision of such information be construed as creating an attorney-client relationship.