Legal Question in Real Estate Law in California

Re: Married but not living together.

This one is a little complicated for an easy answer. Chances are that she would nave no claim to anything, unless he has a will that leaves them to her.

Whether you would have any claim (other than something for which you are the named beneficiary) is a question, too.

If you are really concerned, you ned to meet with someone to view the finite details.

Re: Married but not living together.

If you live in California, its family law and community-property concepts apply whether or not you live together. This means that upon your death or your husband's, the survivor will automatically inherit 1/2 of the community property. What happens to the other half, and to any separate property, depends largely upon the will and/or any trusts that have been set up.

The subject of devolution (passing upon death) of spouses' property is rather complex, however, and the above rules barely scratch the surface.

However, you have a major potential problem with Family Code section 771, which makes earnings and accumulations during a period of separation the separate property of the earning spouse, and not community property.

There is also the possibility that your husband has hidden assets or is otherwise defrauding you.

I think in these unusual circumstances you absolutely must consult with a family law specialist because you are in what I see as a rather vulnerable position. Further, your property interests are apparently badly entangled.

Re: Married but not living together.

Just to supplement other attorneys' messages, I would like to warn you that this "other woman" may have a possible claim in "quantum meruit" or unjust enrichment, if she claims that she has been living with your husband for 19 years and provided him with services like taking care of him in sickness, etc. (sexual services do not count.) I also strongly urge you to consult a family lawyer.

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