Legal Question in Wills and Trusts in Idaho
Remarriage-Community Property
I have been divorced for 11 years. In that time I purchased a house. I recently remarried. Someone told me that without a will, if my husband were to die his children would own half my house because we live in a community property state Idaho. Is that true?
1 Answer from Attorneys
Re: Remarriage-Community Property
Somehow this got routed to Illinois -- I hope a CP attorney also picks it up.
AS A GENERAL RULE -- contrary to movies of B immediately acquiring half of A's fortune by marrying them in a community property state community property rules *do not apply* to property owned before marriage.
On the other hand, you can get into problems if community funds were used to pay off the mortgage. I don't think you're drastic, but why not cover all bases by insisting he get a will.
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