Community Property after Death of a Spouse

[Daniel G.]

What is the name of your state? California

Actually I live in Seattle Washington and my former wife lived in California.
She and I never filed for divorce and or seperation and been seperated for the past 9 years. In 2002 she bought a home for the first time and looks like she didn't purchase mortgage life insurance for the home.

She just died two weeks ago and we have 3 children which lived with her.
My question is, is there any way that I can get the home sold for the equity?
What are my options?

This would be for the children or what are my rights in community property law for the state of California.
My Children will be moving up with me ASAP.
I don't want anything from the house, especially any debts accruing from it.

Help!
Daniel

 

[herkxena]

What is the name of your state? California

Actually I live in Seattle Washington and my former wife lived in California.
She and I never filed for divorce and or seperation and been seperated for the past 9 years. In 2002 she bought a home for the first time and looks like she didn't purchase mortgage life insurance for the home.

She just died two weeks ago and we have 3 children which lived with her.
My question is, is there any way that I can get the home sold for the equity?
What are my options?

This would be for the children or what are my rights in community property law for the state of California.
My Children will be moving up with me ASAP.
I don't want anything from the house, especially any debts accruing from it.

Help!
Daniel

Do you know what county in California the property is in? If so, you need to contact a title company that does business in that county and request a lien search (do not request a preliminary title report as this will cost more) and ask for the cost of the lien search. If the property is listed in just your former wife's name, just walk away and consider the property a loss. Whoever the lender is can only foreclose against your former wife.

 

[JETX]

Do you know what county in California the property is in? If so, you need to contact a title company that does business in that county and request a lien search (do not request a preliminary title report as this will cost more) and ask for the cost of the lien search. If the property is listed in just your former wife's name, just walk away and consider the property a loss. Whoever the lender is can only foreclose against your former wife.

WRONG!!!
Did you 'forget' that California is a community property state, and that as long as the writer is still married, he has both asset and liability issues???

If your wife died intestate, then the estate (including the house) would be divided according to California law, as follows:
"If any part of a California decedent's estate is not effectively disposed of by will, the intestate share will be distributed in the following order and manner:
1. Surviving spouse. A surviving spouse is generally first in line to get any assets from the intestate estate, including both separate property and the one-half of community property that belongs to the decedent. The surviving spouse is entitled to one-half of the community and quasi-community property that belonged to the decedent. In addition, the surviving spouse is entitled to the following amounts of separate property in the estate:
* If there is no surviving issue (i.e., child), parent, sibling, or issue of a deceased sibling of decedent, the surviving spouse is entitled to the entire intestate estate.
* If the decedent leaves a surviving child, children of that child if the child predeceases the decedent, parents, or siblings, the surviving spouse gets one-half of the intestate separate property.
* If the decedent leaves more than one child or children of a predeceased child, the surviving spouse gets one-third of the separate property in the intestate estate.

2. Heirs other than surviving spouse. Any part of the intestate estate not passing to the surviving spouse as indicated above, or the entire intestate estate if there is no surviving spouse, passes as follows:
1. Decedent's descendants (e.g., children and grandchildren), per stirpes."
And so on.....

As you can see, this can quickly become a complex matter as to your possible claim on the property... and potential liability. I would suggest you contact a competent California attorney to review all the issues.... and what your rights and obligations might be.