Legal Question in Wills and Trusts in California
Spousal rights after death of other spouse
My father's third wife died last week. Her home, their marital home, was owned exclusively by the wife although my father paid off her mortgage. My dad paid all the bills, taxes etc. throughout their 15 year marriage. His wife's children want to force him out of the home immediately. He doesn't want anything of the house, but if forced he has all the documents necessary to prove he provided every improvement to the house. Does he now have any claim to the house, but more important, can they force him to move out one week after his wife's death?
3 Answers from Attorneys
Re: Spousal rights after death of other spouse
Title is a presumption of ownership, but if he can show that he paid off the mortgage, etc. he has a community property interest, which gives him part of the title. Also, if there is no will or trust, he is entitled to a share of her separate and community property. The reality is that he may own up to 3/4 of the house.
You need to get going on this to protect his interests. Have him call me, if you like.
925-924-0100
Re: Spousal rights after death of other spouse
they have to go to court to get him out and that takes longer than a week. he can also file for spousal support under the probate code to get use of the house for a period of time. he may also be entitled to a shar of the house as community property. he needs to have a lawyer look at the wife's will or trust.
Re: Spousal rights after death of other spouse
Any earnings during marriage are community property, and Dad owns half; if the source of repairs, payments etc came from community, then Dad should own half or an interest. It also depends on whether wife had a will, and how title was held. If no will, then Dad gets at least a third. And there are other protective rights under the Probate Code and the Family Code. In any event, if Dad does not want to claim any interest in the house, it should become a month to month tenancy, and he should get at least 30 days notice to vacate. More information is needed, but Dad sure appears to have rights here, and will have to act promptly to enforce them.
NOTE: Please understand that the information provided in this reply is for informational purposes only and does not create an attorney-client relationship. It also may not be complete, and is designed for general information to parties under California law. Before you make any decision that might possibly have legal implications, you should consult with our office, or another qualified professional, so that thorough legal advice can be provided in a manner that relates to your specific circumstances. Thank you.
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