Non-registered domestic partner passed, do I have any rights for real estate property

[ajmoose]

I live in California. My partner passed away and we were not registered with the state as domestic partners. We own a home but my name was not on deed or mortgage. Do I have any legal rights to put this house in my name?

 

[ecmst12]

Absolutely none, unless for some reason your partner had a will leaving the house to you. Otherwise, your partner's next of kin will inherit the home, and all of his or her other property as well. I suggest you start looking for a new place to live.

 

[tranquility]

Absent a contract expressing otherwise, I agree with ecmst12.

 

[ajmoose]

Absolutely none, unless for some reason your partner had a will leaving the house to you. Otherwise, your partner's next of kin will inherit the home, and all of his or her other property as well. I suggest you start looking for a new place to live.

The kids want me to have the home. Can they just gift it to me?

 

[tranquility]

The kids want me to have the home. Can they just gift it to me?

Yes and no, depending on the facts. Of course, if the equity is more than $13K times the number of "kids", a gift tax return would be necessary. As well, you would lose property tax protection on the property and it would be reassessed to current market levels. Also, if there is anything due on the mortgage, the loan could accelerate and be called with the transfer to you.

 

[ajmoose]

Yes and no, depending on the facts. Of course, if the equity is more than $13K times the number of "kids", a gift tax return would be necessary. As well, you would lose property tax protection on the property and it would be reassessed to current market levels. Also, if there is anything due on the mortgage, the loan could accelerate and be called with the transfer to you.

Since the house is still in probate and the daughter is the executor, can she have the court declare me owner of the home?

 

[tranquility]

Since the house is still in probate and the daughter is the executor, can she have the court declare me owner of the home?

No. Disclaiming the house will send it to the other heirs. One cannot disclaim to a particular person. If no other heirs by will/trust/intestate succession, it escheates to the state.

 

[OHRoadwarrior]

We are of course assuming the children are the only ones inheriting anything by the will or process of law.