community property court cases in california?
Im wondering if anyone has heard of any California cases wining in court:
I ownd my house and purchased everything in it before getting married. I understand that anything purchased during marrige is considered community property but he was never put on the house or loan. My husband has died leaving 2 children and his ex wife is taking me to court because she thinks she can have half of the house and everything in it that is mine that I paid for with my own money before we were ever married. Does she have a case?
Thanks in advance!
Tagged with: california cases • case thanks • marrige • money • thanks in advance
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Even if he had bought the house 100% with his money during your marriage she would still have no case.
An ex-wife has no legal claim on the estate of a deceased former spouse.
That said, I would STILL hire a lawyer to defend the case - you can lose just as finally by messing up the defense of a case as you can by actually being in the wrong to start with.
Richard
If you had a formal divorce settlement than the property rights as between you and your ex husband should have been already established. She has no claim to anything that was not awarded to him in the divorce settlement. However, you did not mention divorce or a settlement, so is it the case that this is an ex-wife from before you and your deceased husband were married, and you were legally wed to your husband at his death?
If so, although the house was not acquired during marriage, if any of the mortgage was paid off by either your earnings or your husband’s earnings during marriage the community estate "of you and your husband" is entitled to a "buy-in" of whatever percent it paid of the original purchase price (equal to the down payment and the mortgage). If your husband left a will he can give away all of his community interest in the property, and all of his separate property. If he left no will, the community interest of your husband goes to you by intestacy, as well as at least 1/3rd of his separate property if you were his legal spouse at death.