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Who gets the house

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jax3342

Junior Member
In California. My ex wife got our house in a 1975 divorce. We had 3 children at the time of divorce. She remarried in 1980 and passed away in 1986. She had no will. Her husband at the time of her death took the children to a lawyer ( all over 18 years old in 1986 ) and had them sign a paper saying he gets 85% of the house and he would pay each child $3000 for their share. He never paid them anything and now claims the house as his. Do they have any hope of ever getting anything for the house? Since at the time of her death she had surviving children wouldn't the house pass to them as her children? Thanks, Jack
 


nextwife

Senior Member
How is the house titled? How was it titled at her death? When you say she "got the house" do you refer to possession or sole ownership? What did the decree state and what was done regarding your ownership and title?

Was probate filed?
 
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jax3342

Junior Member
I signed a Quit claim deed in 1975. She was sole owner of the house with her name on the title. The agreement the children signed states she had one asset subject to probate, that was the house.
 

nextwife

Senior Member
I signed a Quit claim deed in 1975. She was sole owner of the house with her name on the title. The agreement the children signed states she had one asset subject to probate, that was the house.
So probate was never filed? How is the house NOW titled?
 

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