Legal Question in Wills and Trusts in California

Property ownership

if married over 25 yrs. and husband had home prior to marriage in his name only, am I entitled to leave any portion of this property to my heirs after my demise?


Asked on 9/13/03, 9:43 am

2 Answers from Attorneys

Michael Olden Law Offices of Michael A. Olden

Re: Property ownership

this is very technical and depends on numbers of factors -- is he still alive and does he have children from a prior marriag, it is ok but your children or you if you are alive on his death will then determine your equitable rights (community property) if he does not leave a will and leave you the propert --- if you wish to talk to me 925-945-6000

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Answered on 9/13/03, 12:07 pm

Re: Property ownership

I will need more facts to accurately answer your question. But here is something to consider: California is a community property state. This means that all property (and debts) obtained after marriage are presumed to be community property (with some exceptions - inheritence/gifts).

You may have an interest in the house if mortgage payments continued after you were married. But if he paid for the home prior to the marriage or he paid it off with his own seperate property then you will not have an interest.

You may wish to contact an attorney for a definite answer. It would be something to address when getting a will drafted for yourself.

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Answered on 9/14/03, 7:28 pm


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