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A Married Man/Woman, as His/Her Sole and Separate ...

Customer Question

A Married Man/Woman, as His/Her Sole and Separate Property:
When a married man or woman wishes to acquire title as their sole and separate property, the spouse must consent and relinquish all right, title and interest in the property by deed or other written agreement.
Example: John Doe, a married man, as his sole and separate property. I will never be able to be named on this loan...How can I protect myself if something was to happen to my husband?? This loan is only being drawn up this way due to my low credit scores, the mtg. people said they would add me on when the loan closed, but now they say the bank wont let them because my fico score is too low. Give me some concrete advise please!!
Submitted: 6 years ago.
Category: Legal
Expert:  LawHelpNow replied 6 years ago.
HiCustomer Thank you for asking your question on Just Answer. The other Experts and I are working on your answer. By the way, it would help us to know:

-What city and state do you live in?
-What country do you live in?
-What have you already tried?

Thank you again for trusting us with your problem. Please reply as soon as possible so that we can finish answering your question.
Customer: replied 6 years ago.
Santa Ana, California
USA
Nothing yet, but someone suggested to get a living trust/will that will incld. Myself and our older children
Expert:  LawHelpNow replied 6 years ago.

Hello and thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance. I hope that this situation gets resolved well for you.

If I understand correctly, your concern is about if your husband were to die? In that case, if he dies intestate (without a will), his property would be distributed like this under California law:

Since your husband (the decedent) obviously was married, the first question is whether the decedent owned community property, separate property, or a combination of the two. Community property is generally defined as the assets acquired during marriage from earnings or salary. Separate property is generally defined as assets brought into the marriage when the decedent got married, inheritances to the decedent, or gifts to the decedent. However, California case law provides many exceptions to these definitions, and assets can change from community to separate property, or from separate to community, by combining assets, by improving separate property with community property, or by written agreement of the spouses, for example.

  1. The decedent's community property goes to the surviving spouse, who may have to file a spousal property petition to establish ownership.
  2. The decedent's separate property is distributed as follows:
    a. The surviving spouse receives all of the separate property if the decedent is not survived by issue, parents, brothers, sisters, or children of a deceased brother or sister.
    b. The surviving spouse receives one-half of the separate property if the decedent had only one child, or issue of a deceased child.
    c. The surviving spouse receives one-half of the separate property if the decedent left no issue, but left parent(s) or their issue.
    d. The surviving spouse receives only one-third of the separate property if the decedent left more than one child.
    e. The surviving spouse receives only one-third of the separate property if the decedent left one child and the issue of one or more deceased children.
    f. The surviving spouse receives only one-third of the separate property if the decedent left the issue of two or more deceased children.

However, all of the above considerations are irrelevant if the decedent had a will or living trust. If you would like some information about estate planning, please feel free to write back. If your husband does nothing in this regard, the above applies to what you would receive.

If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.

If my answer has been helpful to you, please click "ACCEPT" so that I may be paid. This is the only way that I will receive compensation for the work performed. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done. Clicking "FEEDBACK" to leave your positive comments is always greatly appreciated.

The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.

LawHelpNow, Attorney/Lawyer
Category: Legal
Satisfied Customers: 7593
Experience: Relax. Let's work together. Practical solutions.
LawHelpNow and 12 other Legal Specialists are ready to help you
Customer: replied 6 years ago.
I wanted to ge some type of idea of how much a living trust would cost?
Customer: replied 6 years ago.
I just wanted to find out about how much a living trust would cost???
Customer: replied 6 years ago.
NEVER MIND!!!
Expert:  LawHelpNow replied 6 years ago.

Hello again and thanks for writing back.

There are lots of factors to consider, but just off the top of my head I would expect $1,500 to start and then upwards. Here is an excellent resource with some good information about living trusts. For the great majority of people a Will is the best option. Here is a very nice resource which even contains a link to the statutory Will form (something nice under California law).

If I can do anything else please just say the word.

Take care and thanks again for using JustAnswer!

[Please click the "Accept" button.]

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