Legal Question in Wills and Trusts in California
The deed to my father's house
My father had a living trust that named my sister and I as trustees. He had two homes, so she put one in her name and I put one in my name. Since I am married, I was told by the person at the title company that I would have to put my husband's name on the property because of California's community property law. I was also told that he could sign a paper reliquishing this right, which he refused to do. He was not mentioned in the trust at all, and I was wondering why he had any right at all to this property that was left to my sister and I. Was I told correctly ? Thank you for your time!
3 Answers from Attorneys
Reply: The deed to my father's house
You were not given accurate information. You can take title as a married woman as your sole and separate property. If you divorce your husband and have already put him in title to the property, an experienced family law lawyer may be able to have the deed putting him in title set aside, depending upon your unique circumstances. If you have not already put your husband on title, do not do so.
For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various California family law issues by visiting my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
Re: The deed to my father's house
No, you were not told correctly. An inheritance is the separate property of the person inheriting the money or property. The person who told you that should not have done so, especially if not an attorney. If you have not done so already, don't take title jointly. If you have, you may need to go to the recorder's office or to court to have the deed reversed.
Re: The deed to my father's house
No no no, don't listen to the title company people. The whole idea of being able to claim something as separate is because you are the beneficiary of that. You don't have to share ownership or control of the asset. It means that you have a right to that to the your self. Now this does cause a problem in a marriage situation but after 30 years of practice it sometimes doesn't matter to me as long as someone understands what they are giving up if they wish to give it up. No do not transferred title into your husband's name and I would implore you to not only should you read all the answers you get from the attorneys were very good on this site but seek the aid of an attorney experienced in community property law, family law, real estate law as you need someone who has a little bit of all of that. You may wish to sell the property and you need then to put it into and investments or bank account in your own name alone. You are the only one with the help of others who can determine how much you want to sell it for or whether you want to sell it. Whether you want to rent the property in get income from it. But you must speak with an attorney who has some business experience as well as understanding family law and real estate.I have been practicing law in the San Francisco Bay area for approximately 35 years and expert in the area in the category in which your question is placed. I feel I can help you in this matter and if you wish to consult with me please contact me at 925-945- 6000.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
