Legal Question in Real Estate Law in California

It depends on the factual circumstances. The form of title may not preclude an argument that there is a community property element in the property owned. More information will be required as to whan, how and why title was taken in this form, the parties who are interested in the estate and the sources of funds used to pay mortgages, real estate taxes and other expenses related to the property. Of curse if everyone is already in complete agreement as to how the property is characterized, all beneficiaries can consent to a distribution plan. Check with counsel administering the estate ( or engage one if you have not).

It depends on whether there are children of the deceased. If not, the whole community property/separate property issue is irrelevant. It all goes to the spouse if there is no will. If there are children, then it gets complicated as Mr. Christian indicates. When a person dies without a will and with a spouse and children, any community property goes to the spouse, and the separate property is divided by a formula that depends on how many children there are. So with property titled as sole and separate, but that was acquired during the marriage, there would have to be a factual analysis of what, if any, community property interest existed in the property before an allocation could be made. Unless one is VERY careful never to mingle community funds with separate property real estate, there is almost ALWAYS some community property interest in it. How much, however, is a detailed case by case issue.

With no will, this estate and the property now must be 'probated' in court. The property will go to his survivors and heirs in accordance with intestate rules as determined and interpreted by the judge ultimately. There will be evidence hearings about the facts and the intent of the owner in obtaining and having it 'separate property'. The wife obviously has a claim upon it to be pursued and proven through the conduct of the parties after it was obtained.

If serious about hiring counsel to help in this, feel free to contact me.