Legal Question in Wills and Trusts in California

Survivor not on deed of property

A woman rents a California house in 1977 and cohabitates with her fiance. In 1978 the man buys the house using VA financing in his name only. In 1979, the couple marry and remain in the house until the man's death in 1998. The man dies intestate and the woman's name was never added to the deed. All escrow fees and house payments have been made from either the woman's account or a joint account and she has written all the checks. There are no claims from relatives. How does the woman gain sole title to the property?


Asked on 7/10/99, 10:17 pm

1 Answer from Attorneys
Leslie Beckhart Law Offices of Leslie Kent Beckhart

Re: Survivor not on deed of property

A spousal property petition will be filed with the probate court in the county in which the deceased person lived. The petition will state that the property was community property despite the fact that the deed was in the name of the deceased person alone. (Note that the property was originally purchased with the deceased person's separate property, as the couple was not married, so an allegation will have to be made that the deceased person intended that portion of the property to be transmuted into community property, along with supporting facts, if that is in fact true.) The court will then issue a spousal property order which a title company will use to change the deed into the name of the surviving spouse. The petition is a printed court form with schedules attached. (This statement does not constitute my representation of you, nor is it an attorney-client communication. However, I would be pleased to discuss representing you on a formal basis.)

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Answered on 7/13/99, 7:43 pm


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