is this community property?

[gfro]

What is the name of your state (only U.S. law)? CA. I guess this title question is what it will all come down to. We bought a house with money from joint accounts ( I can prove this with bank statements) 7 months before my husband's death. It's put in his name only (my idea- I had already had cancer but stupid, I know.) I expected to die first. And not only that but for some reason , it says "single man" on the title. Shortly after, we got a home equity loan on it with both our names on it but my name was never put on the title. Then he became ill and the worst happened. Now I realize how dumb it was and that it wasn't even really necessary. There was no will- it was so unexpected. It's been 8 months now and I realize I have to deal with this. I would like to file a spousal petition to clear title to it but fear this wouldn't work if the judge says it's not community property. There will be no objection from his side of the family- they are all very supportive. There isn't any money , just this property so if full blown probate could be avoided, that would help me immensely. I could go on about how it wasn't supposed to happen this way. I miss him terribly and this is such a mess. Anyway- does anyone have any thoughts on the community property question and how this might play out if I filed a spousal petition? Or any thoughts on any of this? Thanks......What is the name of your state (only U.S. law)?

 

[LdiJ]

What is the name of your state (only U.S. law)? CA. I guess this title question is what it will all come down to. We bought a house with money from joint accounts ( I can prove this with bank statements) 7 months before my husband's death. It's put in his name only (my idea- I had already had cancer but stupid, I know.) I expected to die first. And not only that but for some reason , it says "single man" on the title. Shortly after, we got a home equity loan on it with both our names on it but my name was never put on the title. Then he became ill and the worst happened. Now I realize how dumb it was and that it wasn't even really necessary. There was no will- it was so unexpected. It's been 8 months now and I realize I have to deal with this. I would like to file a spousal petition to clear title to it but fear this wouldn't work if the judge says it's not community property. There will be no objection from his side of the family- they are all very supportive. There isn't any money , just this property so if full blown probate could be avoided, that would help me immensely. I could go on about how it wasn't supposed to happen this way. I miss him terribly and this is such a mess. Anyway- does anyone have any thoughts on the community property question and how this might play out if I filed a spousal petition? Or any thoughts on any of this? Thanks......What is the name of your state (only U.S. law)?

Yes, it is community property. You need to get a probate attorney to help you get his estate settled and the house transferred into your name.

 

[gfro]

so you don't think a spousal petition would do? thanks....

 

[gfro]

Also- here is another question regarding a spousal petition. Is it necessary to mention any money inheritance that he received 7 years ago and had since been commingled into our existing joint accounts. I couldn't possibly sort it out, but could a court insist this be done? That would defeat the whole purpose of using a spousal petition instead of probate to save money. There is no money left to speak of from anything.

 

[tecate]

It's up to the heirs of his separate property to object to your allegation that everything is community. If they were joint tenancy accounts, they are yours, anyway.

You say it was your idea to put the home in his name alone. Why?

 

[gfro]

The idea was to make it easier on him since I had cancer.

 

[gfro]

Also- if no one objects, can a judge say it needs to go to probate anyway (instead of the spousal petition that would save me money ) ? thanks...