Legal Question in Wills and Trusts in California
I co-own a home with my brother in joint tenancy. We purchased the home together and resided there together for a number of years.
Since that time, my brother has married and I have moved out of the house with my boyfriend. Does my brother's spouse have a claim on the home should my brother pass away without a will? They are legally married, but the title has not been amended to include his spouse on the home.
My concern is that his spouse would have a claim to my brother's half of the property, even though this was not our original agreement when we purchased the home together. It was our original intent that the property be owned by the two of us, not any potential future spouse.
1 Answer from Attorneys
If the property is indeed held in joint tenancy, you will be the owner if your brother dies first, and he will be the owner if you die first. If mortgage payments are being made by your brother from his earning, his wife might have some sort of claim for reimbursement or even equity from his estate or in the event of a divorce.
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