My name is not on the title to our house and my husband has passed with no Will or trust, what are my rights?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
My name is not on the title to our house and my husband has passed with no Will or trust, what are my rights?
My husband passed in May. We are finding no Will or trust. The deed to what I though was “our” home is under his name only. I’ve lived in the house for 18 months. He owes more on the house than what its worth. Can I walk away? If I wanted to keep the house, how do I go about doing this? He has no other assets so we did not start probate.
Asked on July 16, 2010 under Estate Planning, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
I am so sorry for your loss. It is a bit difficult to answer this question without knowing more about your situation. Did you purchase the house when you got married? Was it his before you got married? Does he have children outside your marriage? If the house was purchased prior to, but in anticipation of the marriage, then it can be presumed to be community property regardless of the name on the title. Because he died without a Will the Intestacy statute in your state will apply. You need to begin a probate proceeding to transfer title. I would suggest that you seek legal help with all of this. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.