Legal Question in Wills and Trusts in California

husband died no will

husband died .we bought a house last fall with money from our joint accounts.house is in his name as a single man.don;t know why ''single man'' but I thought because I had cancer, I would be the first to go so this was a good idea. will this be judged separate property? he had no will- one son from prior marriage. i miss him so much and this is such a mess.


Asked on 5/09/09, 12:32 pm

1 Answer from Attorneys
Phunphilas Viravan Law Offices of Phunphilas Viravan

Re: husband died no will

Since you bought the house during marriage, it is presumed community property. The fact that it was titled in only in your husband's name does not conclusively make it his separate property. Your intent matters. Evidence of intent (convenience versus gift to him) and evidence tracing funds used to purchase the house to the joint account can be used to prove that it is community property, and therefore you get the house (100%). If left as his separate property, you get 50% and his son gets 50%.

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Answered on 5/10/09, 3:19 am


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