Legal Question in Wills and Trusts in California

my husband died Aug.2009 We were living in a mobilehome that belong to him and his brother and his wife.My husband was very ill when we went to live there. He had asked his brother to place me on the title but he never did..My husband is listed on title as tenant in common A His brother told me that I had to move so he could sell it. I had tried to change it myself but could not with out papers and his brother had all that was needed. He has listed the mobile home and I want to know how he did this without me signing any paper work what so ever, The mobile is in a park in Ventura Ca and he is paying the space rent at this time for I was forced to move


Asked on 10/24/10, 6:35 am

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

Your husband asking him to place you on title does not create any ownership interest in the property for you. No transfer of title was made; your husband could have transferred all or part of his title to you. I assume that he died without having a Will or Trust. In Calironia, property purchased with community funds is community property, so half of what he owned would be yours upon the completion of his purchase. On his death, his half of the community property title would pass to you as the surviving spouse [I am also assuming you had no children], so you would then have the total amount of your husband's share of the property. As a part owner of the property, you have the right to use the property. They could not force you to leave the mobile home; they could all move in legally, but can not oust you. They would need to go to court to get an order of partition, which would cost $10-15,000 in attoney fees and other costs.

His paying the space rent would allow him to claim upon partition and an order permitting the sale of the property reimbursement for those costs. You need to point all of this out to him, consider whether you want to get your rightful share of the house or the cash portion from a sale. You should also go through a small estate probate so that you can transfer his title to you [you might have to pay a transfer of land fee].

Good luck.

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Answered on 10/29/10, 9:31 am


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