Legal Question in Wills and Trusts in California
common law wife dies
house not in domestic partner name
domestic partner not on the deed to house
does domestic parnter get house ?
does the bank take away the house ?
Asked on 3/05/11, 10:46 am
1 Answer from Attorneys
Kurt Seidler
Law Offices of Kurt A. Seidler APC
The bank will only take the house if there is a default in the loan payments. You will have to file a probate proceeding and ask the court to put title in your name as surviving domestic partner. California has no such thing as a common law wife/husband.
Answered on 3/05/11, 7:20 pm