Legal Question in Real Estate Law in California

Re: Property between family members

Property that is your separate property, the condo, is not part of his estate and there is no inheritance by his children with respect to that . The other property is more complex. If you had an agreement about it in writing,it will control Otherwise the analysis must be done by tracing the money. To the extent community property (earnings from labor during the marriage) went into the property to make repairs, pay taxes, etc. the community acquires a community property interest. If it can be so traced, how to allocate between his separate property and the community is complex as well and is governed by what is called the Peirrera/VanKamp rule. No easy answer here.

Re: Property between family members

I assume your husband has now passed away.

The building in San Francisco was not community property during your marriage, EXCEPT to the extent that if it were mortgaged during that time and some of your comminity-property income were used to pay the mortgage, then the community would develop a small percentage share called a "pro tanto" interest. California family-law attorneys have special software for estimating the percentage community interest based on the amount and timing of community-funds use to pay loan principal.

All wage and salary income of either spouse during marriage is considered community income, regardless of which earns it.

So, since the rent would have the same ownership as the property that produced it, some portion of the income could be community property.

Your share, if any, in the increase in market value would be determined under the same general rules, i.e. that it is separate property which passes as part of his estate to his heirs, except to the extent you can show use of community funds during the marriage to pay loan principal or to make permanent improvements.

As to the condo, your phrases "bought for me" and "signed a waiver for it" are a little too indefinite to give you a confident answer. I would only state a couple of general rules: First, whoever appears to be the true legal owner of the condo, based on the records on file at the County Recorder's office, has a big head start on everyone else; and second, it is possible for someone to overturn

the presumption that true ownership is different than "record" ownership. You should check the public records and if they show you are the owner, you can probably defend your title against any adverse claimants.