After being married in California for 12 years, do I have any legal right to the house that is in my wife's name who has a Living Trust making her 3 daughters as the beneficiaries?
State/Country relating to question: California
nothing thus far.
Good afternoon,I'm sorry to hear of the situation. Thank you for asking for me.That depends on how you want to think about "legal right".First, you can not be forced out of the marital home without a court order---regardless of who's name is XXXXX XXXXX deed.If she owned the property before you married, you will not be able to take the property from her. However, to the extent that it has increased in value through the pay down of the mortgage, or improvements made and paid for during the marriage---that equity value is considered marital property and you will be entitled to 50% of the equity on divorce.I presume that your wife controls the living trust---and to the extent is not the girls' yet and remains marital property to the extent that any of its present value had been incured during the marriage.If the property was bought during marriage---unless you made a gift of it to your wife---or unless she paid for it with funds she owned prior to marriage---then you own half of it as Community Property.You may reply back to me using the Continue the Conversation or Reply to Expert link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me. Kindly take a moment to rate my service to you based on the understanding of the law I provided. Please understand that I have no control over the how the law impacts your particular situation, and I trust you agree that it would be unfair for me to be punished by a (negative rating) ----the first 2 stars/faces----for having been honest with you about the law.I wish you the best in 2012,DougLawTalk41101.9472667014
My wife bought the house before we were married. My wife has incurable cancer and it will eventually take her life. Hence the Living Trust was made.
Good afternoon,You will have to show what improvements have been made. Receipts/checks/credit card statements---even invoices from contractor---- would clearly be useful---but the issue is not how much was spent---but the impact on the increase in value that the modifications made. This will in all likelihood need to be done by a professional property appraiser. Obviously the more receipts that you have the better off you will be. If any permits were pulled for modifications---that will go along way in allowing the appraiser to determine what was done and the proportionate value increase by those changes.You may reply back to me again, using the Reply to Expert link, if you have additional questions.Would you please rate me highly now, based on my assistance to you in understanding the law.I wish you the best in 2012,Doug
27+ years legal experience. I remain current in Family Law through regular continuing education.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).