Legal Question in Wills and Trusts in California

Can I loose my home

My husband & I bought a manufactured home, his name only on title. My credit wasn't as good as his and with him only we got a better interest rate. It was bought this way with the agreement he'd add me to the title, after 5 years he still has not. We both put money down. He has 2 adult children. If he dies, with no will what happens to this home? Can his children take all or part of this home and force me to move?


Asked on 2/28/09, 3:00 am

1 Answer from Attorneys
Michele Cusack Pollak & Cusack

Re: Can I loose my home

If the home is community property, you should inherit all of it even if your name is not on title, but if your husband dies intestate (without a will) and there is any basis for your husband's children to claim that the home is his separate property, they could get 2/3. Ask your husband to make a will. (You should have one too.) You can get the California Statutory will form on-line- just google. (Make sure to use a CALIFORNIA statutory form.) Or have him sign something saying everything he and you own is community property regardless of how title is held. Either of these would be less paperwork now than actually changing title- the drawback is that if he dies, you will need to file a Spousal Property Petition in court, whereas if you are on title as a joint tenant, or as CP with right of survivorship, all you need is a death certificate and to fill out the DHCD paperwork.

Good luck.

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Answered on 2/28/09, 12:58 pm


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