What is the name of your state?California. My husband and I have been separated since 1986. We're still married and we've always stayed in contact. Until I began Social Security, he had me on his income taxes. In the early years separated, I signed some kind of quit claim. I'm guessing it was for the home he moved into after he sold our original home. I was never listed on the homes. They were always in his name only. He's in the last stages of cancer right now and now he wants me by his side 24/7, which I cannot do. I have my own place now I need to tend to. My question is, how do I learn what my position is re the home he's in now? His "stuff" was all he seemed to care about so I let him keep everything and no divorce he had to go through. Could I have signed away any rights I may have had? We've been together since I was 20 and I'm 68 now. We got married 9 1/2 years after we met. We'd lived together since 6 months after we met until 1986. Nothing legal was ever done re our separation. Asking him now just seems wrong and I doubt he's capable of recalling exactly what's what. Is there a way for me to find out? Thanks.
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Am I entitled after a quit claim?
- Thread starter dwtjan
- Start date
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adjusterjack
Senior Member
It's complicated.
You're still married with no legal separation agreement.
You might or might not have a community property interest in his home (and he in yours).
You might or might not have signed a quitclaim deed for something.
Even if you did sign a quitclaim, if he happens to die without a will you may be first in line to inherit under intestacy since you are still married, though your and/or his children may claim a share.
The first thing I suggest you do is run a search for your name and his name on any property records at the County Recorder's office wherever you live and owned property and get copies of the deeds. You may be able to do that online or you may have to visit the Recorder's office.
Then I suggest you consult a probate attorney and prepare for the possibility of a windfall coming your way.
You might also want to cozy up to him a bit and find out if he has a will and what it says.
You're still married with no legal separation agreement.
You might or might not have a community property interest in his home (and he in yours).
You might or might not have signed a quitclaim deed for something.
Even if you did sign a quitclaim, if he happens to die without a will you may be first in line to inherit under intestacy since you are still married, though your and/or his children may claim a share.
The first thing I suggest you do is run a search for your name and his name on any property records at the County Recorder's office wherever you live and owned property and get copies of the deeds. You may be able to do that online or you may have to visit the Recorder's office.
Then I suggest you consult a probate attorney and prepare for the possibility of a windfall coming your way.
You might also want to cozy up to him a bit and find out if he has a will and what it says.
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