Legal Question in Wills and Trusts in California
House not in spouse's name-who gets it in death?
Our house was purchased by my husband before our marriage. My name is NOT included on it. In the event of his death, would I be required to share this asset with our children, or would it go directly to me? Would it be better to add my name now, and would our home be re-assessed for property taxes if we changed the deed? thank you
2 Answers from Attorneys
Re: House not in spouse's name-who gets it in death?
Since the house was purchased prior to the marriage it must have been purchased with his separate property funds. At death, where it goes will depend upon his Will and/or Trust (if he has one)or intestate succession (the order of passing of property where one dies without a will or trust).
You should probably speak with an attorney about an estate plan especially if there are any ex-spouse's or children from prior marriage(s) or if the estate is large.
Call if you would like to set up an appointment.
805-494-6557
Re: House not in spouse's name-who gets it in death?
The answer depends on many things. Did your husband leave a will directing where his property, including the house, would go? Were community property funds used to pay down the mortgage after your marriage? Were community property funds used for improvements?
You should see a probate attorney to determine your interest in the house--a petition will probably need to be filed with the probate court to confirm your interest in the house.
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