Legal Question in Wills and Trusts in California
community property
My husband and I bought a house based on his credit which was better than mine. I signed a quite claim and the house closed wednesday and we were scheduled to put my name on the deed on friday, our agent had the papers ready. They said this is done all the time. My husband died of a sudden heart attack thursday and had no will. Is there any way I can keep our home? I have the ability to pay for it. Can the home be converted to community property?
1 Answer from Attorneys
Re: community property
This can be a tricky issue. I have recently had two similar cases. Normally, when you Quit Claim the property to your husband this is considered a transmutation of the property. Thus, it would be presumed to be his sole and separate property. With no will, he died intestate. Even if the transmutation is valid, you would still inherit a portion of the property as the surviving spouse. Are there any other heirs to be considered? This situtaion should be reviewed with an attorney to determine whether there are any other issues to consider.
This does not constitute legal advice, and I am not your attorney unless, and until, I am formally retained as such.
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