California  |  Wills and Trusts

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6/05/01, 1:36 pm

Legal Question


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.


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