Legal Question in Wills and Trusts in California

My husband died intestate. Our motorcycle was titled in his name only but all payments for it came out of our joint checking account and were made right after my paycheck was deposited. Is it possible toget the motorcycle changed to community property or be awarded the motorcycle instead of dividing it between my husbands 3 adult children and myself?


Asked on 7/22/09, 12:52 am

1 Answer from Attorneys
Locksley Wade Law Office of Locksley O. Wade

Given your situation, it is extremely likely that you will be awarded the motorcycle on the belief that it was martial property. Such is determined by the fact that it was paid out of joint checking account (better if it was bought during the marriage) and being titled in your late husband's name should not have an adverse effect on your right to claim it as joint marital property.

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Answered on 7/22/09, 7:20 am


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