Legal Question in Wills and Trusts in California

Rights of a spouse pertaining to community property

Our home is in my husband's name. He owned the property before we married. Currently, he has no written will. Our pre-nup states that if we divorce I have no claim to this property, other than what we together as a married couple have put into it. Also, if we were to sell the property while we are married, I would not be entitled to any of the proceeds. My question is if my husband were to pass on before me, would our home, even though my name is not on the deed or mortgage, automatically become my property, i.e. community property.


Asked on 6/05/01, 1:36 pm

1 Answer from Attorneys
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Rights of a spouse pertaining to community property

Were you represented by Counsel when the pre-nup was drafted? It seems to me that the provision regarding no money to you upon sale during marriage contradicts the provision allowing you a community interest in case of divorce. Under normal community property law, your husband's community interest in the home would revert to you upon his death if there is no will. However, with the pre-nup, his share of the house would go to his estate if there is no will!

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Answered on 6/27/01, 5:12 pm


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