disinheriting spouse and making a will

What is the name of your state (only U.S. law)? California

Hello

I have a question about a property (single family home) acquired during a marriage. The man is married, but the wife has signed a quit claim. The property is financed under mortgage. The man is making all payments towards the house.

The man wishes to write a will so that the home goes to another individual, not a relative. None of the home should go to the wife.

In CA, USA, is it enough simply to say that all of the house goes to the other person, and specify that none should go to the wife ? Is any signed agreement from the wife necessary?


thank you

If marital income is making the payments, she certainly can contest this, as it would be co mingled marital property.

Thanks for the response - I appreciate it. You are saying that, although the property is 100% owned by the man, the wife may claim that 50% of the house payment contribution comes from her - and therefore she has a claim to equity that is acquired as the house payments are paid. Is that correct?

What is the purpose of the quit claim deed in that case?

Also, how would we get around this - would the wife have to some sort of agreement forgoing claim to the house?

Are you suggesting that the wife doesn't want any interest in the house? Is there any deception involved in this situation?

The wife does not want an interest in the house (as of today). She willingly signed the quit claim deed. The marriage is not going well, but not man and wife are not divorced. The fear is that years down the line, or after man's death, the wife will change her mind.

Is this the first marriage for both?

Clarify your post, please.

You write that the house was “acquired during A marriage”. Well, acquired during what marriage? During the current marriage or during a prior marriage and if so whose marriage?

It is no secret that California is a community property state. So, if the home was purchased during THIS marriage and not with the sole and separate property of the husband, and the couple were domiciled in California - then the home is owned by the community of husband and wife.

Accordingly, each spouse has an equal vested ownership in the home.

And should it be characterized as community property and not his sole and separate property, he cannot dispose of her vested one half interest to a third party; not by gift, deed or testamentary disposition. Simply because he does not own her one half interest!

And it is erroneous to suggest as you have that such a community ownership would be affected by the fact that - “the man is making all payments towards the house”. Because first, most likely those payments are being made from his earnings which are community property.

Secondly, if he is using his sole and separate property to make those mortgage payments (doubtful), there is a rebuttable presumption that he is making a gift of those separate funds to the community.

Moreover, even should he have purchased the home with his sole and separate property and the deed was taken in their joint names, it would again be deemed a gift of his sole and separate estate to the community.
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What other clever ploys does he have up his sleeve to try cheat the wife out of her vested interest in the family home - besides holding a gun to her head?