Legal Question in Wills and Trusts in California

If the home is community property, that is, if it was acquired with fund earned by either you or your husband during your marriage, then you need to file a Spousal Property Petition with the court. There's a court hearing involved, but it's much less expensive and faster than a probate.

If, however, the home is separate property (he owned it before you married), or partially separate and partially community property (he bought it before you married but paid it off during the marriage using community funds), then you inherit only the community property portion of the home and one-half or one-third of his separate property interest in the home. For this reason, you should review the matter with a trusts and estates attorney in your community.