he does not own the house?
2007-12-16 08:39:06 · 5 answers · asked by cookie c 1 in Business & Finance ➔ Renting & Real Estate
YOU are talking about Community
property states.
if you are in one, get out of it.
if you are not, you have no concern.
also, if you do not live in one
and you die without a will, the state
gets the house!
2007-12-16 08:42:57 · answer #1 · answered by kemperk 7 · 0⤊ 1⤋
If you are in a community property state such as California and he signs a quit claim deed voiding his interest in the property he can not claim any portion of the house.
In a community property state you can not purchase a property without him signing off on a quit claim deed, unless you lie and indicate you are not married.
If you do not leave a will or trust then the property will go into probate where the state laws will prevail and determine who is entitled to the property.
Buying a property prior to your marriage is another question all together, but the principal remains the same, if you do not have a will or trust the property will go into probate and the state laws in which you reside will determine the legal owner.
The state never take private property of deceased people unless there are no heirs in a certain time frame.
If an heir steps up and prove without a doubt that they are in fact an heir of yours then probate will determine and a legal deed will be issued to that heir.
I hope this has been of some use to you,good luck.
"FIGHT ON"
2007-12-16 17:36:13 · answer #2 · answered by loanmasterone 7 · 0⤊ 0⤋
If you are in a community property state, it wouldn't matter if his name was on the title or not...he still owns the house if you die.
Even if you have a will stating differently, the courts will not honor it.
Too many dirty old men dying and leaving their widow's house to their secretary....that is why those laws were put into place.
2007-12-16 17:44:38 · answer #3 · answered by Gretchen C 1 · 0⤊ 0⤋
In some states yes. You can prevent that with a trust. See an attorney and tell him/her want you want to do with the house if you die. He/she will do the paper work to make it happen.
2007-12-16 18:26:33 · answer #4 · answered by Anonymous · 0⤊ 0⤋
It depends, have him sign a quick claim deed stating that this is sole and separate property and then make sure you do not comingle family funds to keep this home afloat.
Take care!
RJH
2007-12-16 16:47:04 · answer #5 · answered by Empire Realty - Upland CA 2 · 1⤊ 0⤋
He can if you die without a will and it is a community property state. Always make a will.
2007-12-16 16:43:18 · answer #6 · answered by poe 5 · 1⤊ 0⤋