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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 41547
Experience:  Texas lawyer for 30 years in Estate law
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Ny sister and her husband purchased a house with a 30 year

Customer Question

Ny sister and her husband purchased a house with a 30 year mortgage as joint tenants. After 5 years into the mortgage , her husband abandoned the home. Never to pay another dime for mortgage, taxes, insurance nor upkeep. He got a legal seperation from him She paid the house of 25 years later. She died a couple of weeks ago. In a will she left the house to her 4 children. Who gets the house? The husband says he does !!!
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: California
JA: Has any paperwork been filed?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: He abandoned the home and cohabitated with another woman for over 20 years and have not contributed anything to the home the whole time. The had a legal seperation but not a divorce.
Submitted: 7 months ago.
Category: Estate Law
Expert:  RayAnswers replied 7 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Expert:  RayAnswers replied 7 months ago.

It depends here if she was awarded the property as part of separation then she would be the owner.The husband here would have quit claimed his interest as part of the separation agreement.If this was not done and the title remained a joint tenancy with right of survivorship then it passed by deed to the husband as legal survivor.She should have forced resolution of the home as part of any legal separation agreement.Please don't shoot the messenger it depends on whether anything was completed as part of legal separation that gave her his interest or not.

If the joint tenancy with right of survivorship remained in effect then it passes by deed since she did not resolve it as part of legal separation.

I appreciate the chance to help you tonight.Thanks again I am so sorry for your loss of loved one.

Thanks again, it depends here on whether she did anything to award her the property as part of legal separation and a quit claim by the husband.

I wish you a Happy New Year.

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