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Recent Community Property questions

Lola were married for 20 years with no children. owned one

Fred and Lola were married for 20 years with no children. Fred owned one pieces of real property before they got married and never added Lola's name. But during the marriage Fred took out an equity line out on property 1 and bought property 2, still Lola's name was not on title to property 2. Income earned during their marriage was used to pay for the equity line and the property tax on both properties. Fred died intestate. Fred is survived by Lola, his own father and one sister. Who gets the property and what method of probate is used to transfer the properties? Full propbate or spousal property petition? Thank you.JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: California.JA: Has anything been filed or reported?Customer: No. But please ask the attorney to pay close attention and my questions, not just give me a "canned response." Thank you.JA: Anything else you want the lawyer to know before I connect you?Customer: I don't think so.

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LawTalk

Attorney at Law

Juris Doctor

37,868 satisfied customers
Can one spouse take out a home equity line of credit on

can one spouse take out a home equity line of credit on their jointly owned home without the signature or approval of the other spouse?JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: californiaJA: Has any paperwork been filed?Customer: not that I'm aware ofJA: Anything else you want the lawyer to know before I connect you?Customer: no

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TJ, Esq.

Juris Doctor (JD)

11,984 satisfied customers
In the midst of a contentious divorce, through ineffective

In the midst of a contentious divorce, through ineffective legal representation, the marital house is on the verge of foreclosure and neither party has the money to bring the mortgage current. Weirdly, the husband's name alone is on the mortgage.... while the spouse's name alone is on the title. Failure to agree on how to prepare and take the house to market has led to court order to sell the house ASAP to avoid the loss to foreclosure. My understanding is that California community property law protects the husband's rights to half the proceeds from the sale. However, through other poor representation spouse has been awarded full decision making on listing the property, accepting offers, and finalizing the sale. In its "as is" condition with many needed repairs, the property will possibly cover the payoff of the loan, but NOT the rest of the debts that are owed against it. There is a huge amount of "cleanup".... removing many vehicles, as well as truckloads of scrap, etc... that neither party has the time to oversee or money to pay for. One suggestion has been offered that the husband should present a "voluntary foreclosure" to the lender.... that would immediately render the authority of the existing title null and void... returning it to the "rightful owner".... the lender. The language of the last two court orders includes prohibitions against creating any new liens, or recording any new documents that would hinder or prevent the sale of the property... Would this "voluntary foreclosure" be in violation of the court's order or intention? Husband's primary concern is removing personal property that has been stored in one room of the house...80% family heirlooms and separate property of the husband. My understanding is that the bank would take control of the property immediately... change the locks and then negotiate arrangements for the personal property to be retrieved.... What am I not considering in this scenario?p.s. Given the 30 day pressure that has been applied for spouse to accept an offer and sell the house... there is some chance that it would be a "short sale".Please discuss pros and cons.... or perhaps suggest a better solution to just "being done with it"

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Asad Rahman

Attorney

J.D.

4,732 satisfied customers
I sold community property and only I deeded the property.

I sold community property and only I deeded the property. are the deeds legal. I am in TexasJA: Has any paperwork been filed?Customer: Yes, the deeds have been filed.JA: Anything else you want the lawyer to know before I connect you?Customer: My wife did not sign the deeds. When the property was deeded to me. The property was deeded to me and wife.

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Ray

Lawyer

Doctoral Degree

43,978 satisfied customers
I was on probation for 5 yrs and required to pay $500/mo

I was on probation for 5 yrs and required to pay $500/mo restitution. It was a bank fraud charge. The total amount owed was about $311,000. I am no longer on probation and paid $500/mo for 5 yrs. The balance owed now to the federal government is $280,000. I have good credit and nothing shows up on my credit report. I went to try and get a loan on a house and my loan officer told me there is a federal lien on me and it prohibits me from getting a house loan until it is paid off. Can there be a negotiation tonpay the debt off in full? Is there any way to get this lien off of me or am I screwed until it somehow gets paid off. There is no way I can ever pay off $280,000. I have 6 kids and need to buy a house! Is there any attorney out there that can help me through this process! Thank you!JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: I live in Idaho now. I lived in Arizona when I was convicted and then moved to Idaho and did my probation in idaho.JA: Has anything been filed or reported?Customer: Filed or reported? I have nothing showing on my credit report but my loan officer told me a lien shows up on me from the governmentJA: Anything else you want the lawyer to know before I connect you?Customer: No

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RealEstateAnswer

Juris Doctor

36,980 satisfied customers
In a community property state (NM) if I sign away my rights

In a community property state (NM) if I sign away my rights to the home, which I am fine with...am I still legally responsible for the property.JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: nmJA: Has anything been filed or reported?Customer: Husband is purchasing the home tomorrow morning. Title company wants me to sign a form that says I have no rights to the home.JA: Anything else you want the lawyer to know before I connect you?Customer: no

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Loren

Juris Doctor

44,900 satisfied customers
I have a house that I purchased after getting married. I

I have a house that I purchased after getting married. I purchased it in my name with downpayment from my husbands cashed out 401K. It is now a beach rental. His Ex wife has won a judgment for alimony arrears. approx. 35K. Can this attach to my house? Its in NC. I live in SC. Curious about my personal 401K too.

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WALLSTREETESQ

Attorney

Doctoral Degree

18,380 satisfied customers
We just got a call from a neighbor (elderly lady) she is

we just got a call from a neighbor (elderly lady) she is going to sue us because her buyers backed out. I informed the prospective buyers that the property is all community lot and twenty some of us have it in our deeds that we have the right to use that property....as it is written in our deeds. the r.e. broker did not clearly tell the buyers this. he told them they could do whatever they want. they also had it listed for 140 feet of water front, after the survey it is 90 feet of water and the buyers backed out. she wants to sue us for running them off by telling them we have the right to use it? is there a case there? Martinsburg, WV Carol DzienisJA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: martinsburg wv on the Potomac river.JA: Has any paperwork been filed?Customer: no she called my husband today and told him she doesn't want to but she is going to sue us because they backed out. they just found out about the survey this past weekend and it had been done weeks ago. there is only 90' of water front and the property is 96% drainage ditch and listed on deeds and plants as community property.JA: Anything else you want the lawyer to know before I connect you?Customer: I can supply listing agreements and deeds and info I gave buyers explaining property....all of which was taken off line and is open to the public information. I did not exaggerate a thing, just simply made them aware of the full facts.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

54,094 satisfied customers
I live in California. My wife signed a quit claim deed upon

I live in California. My wife signed a quit claim deed upon closure of escrow when we bought our house. The mortgage and deed are in my name solely. Does she have any right to the equity if we divorce?

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Loren

Juris Doctor

44,900 satisfied customers
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