Legal Question in Real Estate Law in California

Community Property?

My father married a woman who had a house (mortgage) 12 years ago. She bought it 4 years earlier and put 50K down payment. They have been married and living there for 12 years now and he has been paying on the house and refinanced it twice. (lower interest. The womans daughters are telling him he can't have 1/2 of the house to leave his family since it was their mothers house first. We live in California which is community prooerty state and the have pooled all their money for 12 years. Is it true he has to pay her back for down payment bacause that was ''her'' money?

She was in debt when he married her and he took profit from sale of his house and paid off her credit cards, bought her a car etc. They have been happily married for 12 years but she has Alzheimers now and her kids want to make sure they get more than half the house if and when my father and their mother have to move to retirement home. Dad is taking care of her at home now but he is 82 yr and its getting hard to care for her.

I'm frustrated because this is stressfull for him and he wants to think his kids will get half the money for the house and her kids get half. Is that reasonable?

Thank You, Marie


Asked on 5/13/06, 1:58 am

1 Answer from Attorneys
Ken Koenen Koenen & Tokunaga, P.C.

Re: Community Property?

If the house has been refinanced and is now in both names, it would depend on haw title is actually held. If CP, he can will 1/2 to whomever he wishes. If CP w/right of survivorship or in joint tenacy, the property goes to the survivor at death.

You should consult with an attorney to review the title immediately.

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Answered on 5/14/06, 11:54 am


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