Legal Question in Real Estate Law in California

I live in California. My husband died on March 9,09. He left no will. Going through paperwork, I found our grant deed dated Jan. 4,06. It had not been recorded,so I went to the recorder\'s office yesterday (7/27/09). He had been in ill health for quite a few years and didn\'t always feel well, so I assume that is why he never got this done. In the same envelope, I also found a blank change of ownership form. The woman at the recorder\'s office said I should be getting the copy of the deed back in about 6-8 weeks. The problem I have is that only my husband\'s name is on the deed. He was a veteran and at the time of our home purchase (through Cal-Vet), we were not married, though we were shortly after purchase...less than a year later. However, during the course of our marriage, I helped with the mortgage payments, and after our house was paid off, I also helped with the property tax payments. Since no change of ownership form was filled out, where does this leave me? I would like the house to go to our sons after I pass on, but if the house is not in my name, how do I do this? Additionally, do I need to report my husband\'s death to anyone? If so, who? Am I going to be able to keep the house? Is there something I need to fill out to resolve this problem, or am I going to need to see an attorney? Please help!\nThank You,\nLiz


Asked on 7/28/09, 4:10 pm

1 Answer from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

If the deed is just in his name, you'll need to file a "spousal property petition" with the probate court to obtain an order putting the house in your name. Once it's in your name, you can leave it in your will to your beneficiaries, or better yet, in a revocable living trust to avoid probate.

As for reporting his death, you should contact the social security administration, the veterans' administration, and the county assessor where the house is located.

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Answered on 7/28/09, 6:21 pm


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