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socrateaser, Lawyer
Category: Tax
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Experience:  Retired (mostly)
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Husband and wife buy a house together while married. Husband

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Husband and wife buy a house together while married. Husband is the only person on deed and loan. Husband dies without a will. Does the house require probate to transfer to the wife or does it belong to her under the community property provisions of the state? Does she have the ability to resolve any foreclosure issues without a probate of the property?

Since there is no evidence on title of the wife's community propery interest in the house, a probate will be necessary to adminstrate the disposition of the property. Probate Code 13500 et. seq.


Hope this helps.


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Customer: replied 6 years ago.
Could not her community property interest be evidenced by (1) the fact of her marraige to the deceased, (2) home was purchased with community property funds, and (3) payments were made from community property funds earned during their married lifetime?

Yes, but evidenced to "whom?" Answer is: the probate court. Wife can't just march into the county clerk and record a deed from her deceased husband to herself. She needs to be awarded the property by the probate court.

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