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RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 36939
Experience:  Texas lawyer for 30 years in Estate law
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If a man and wife have home and a rental and divorce. The

Customer Question

If a man and wife have home and a rental and divorce. The property is in both names. The man dies and there is no well for his children from a marriage 35 year before this marriage. The ex-wife is on the title and is on the loans of the properties. Is the ex-wife the legal owner and responsible party?????
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.

Hi and welcome to JA. I am Ray and will be the expert helping you today.

Can you tell me who got the property in the divorce settlement??

Expert:  RayAnswers replied 1 year ago.

If this was not divided by the divorce then each party has a half interest here community property.

The husbands half here passes under the laws of intestacy--which means no will.

Reference..

If you die with:here’s what happens:

  • children but no spouse, parents, or siblings
  • children inherit everything
  • spouse but no children, parents, or siblings
  • spouse inherits everything
  • parents but no children, spouse, or siblings
  • parents inherit everything
  • siblings but no children, spouse, or parents
  • siblings inherit everything
  • a spouse and children
  • spouse inherits all of your community property and 1/2 or 1/3 of your separate property
  • children inherit 1/2 or 2/3 of your separate property
  • a spouse and parents
  • spouse inherits all of your community property and 1/2 of your separate property
  • parents inherit 1/2 of your separate property
  • a spouse and siblings, but no parents
  • spouse inherits all of your community property and 1/2 of your separate property
  • siblings inherit 1/2 of your separate property

Kids inherit his half here if property was not divided in the divorce.Wife has her share.

Wife can either buy out the kids interest or force a sale and proceeds are divided here.

Expert:  RayAnswers replied 1 year ago.

http://www.nolo.com/legal-encyclopedia/intestate-succession-california.html

The divorce here predates the death so if the settlement agreement awarded this to one of them then that controls who has what interest.If no property settlement wife has her half and his children share the other half under laws of intestacy.

I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.

Expert:  RayAnswers replied 1 year ago.

Please let me know if you have more follow up here it is not a problem.

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