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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 38211
Experience:  17 yrs estate law, real estate. Wills/Trusts/Probate
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My wife insists that in the trust for two houses, two cars

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My wife insists that in the trust for two houses, two cars and furniture she won't agree to 50% community property because she paid most of the mortgage. She did not want to agree that the surviving spouse upon death will get the house and what ever is in the will regarding her share will be distributed to her siblings accordingly. Does it mean because I did not pay the mortgage but paid all the utilities, drive her everywhere because she can't drive, take time off work to drive her to work because no buses to take her there so now I should have less than 50% California community property law?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: California
JA: What documents or supporting evidence do you have?
Customer: We have the deeds.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Should the trust be revocable so that if divorce comes prematurely we can sell everything or irrevocable. I want my 50%

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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You may also be offered a phone call, but those don’t come from me and are offered by JustAnswer and you are under no obligation to accept.

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Was all the property that is in the trust acquired during the marriage?

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Was any of it inherited?

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thanks

Barrister

Customer: replied 2 months ago.
during marriage

Ok, if nothing was inherited, and it was all purchased during the marriage, then it doesn't matter who paid for it, everything is community property and you are both 50% owners of it. Any money earned during a marriage is marital money and community property. So it doesn't matter if she paid the mortgage and you the bills, you are equal owners.

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But if a divorce is a possibility, then revocable is better because you can just cancel the trust, pull everything back out, and divide it evenly.

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thanks

Barrister

Customer: replied 2 months ago.
I can call you tomorrow, because she is sitting right accross me now
Customer: replied 2 months ago.
What's your direct line?

Those phone call offers are not generated by me, but rather by the JustAnswer website. I do not participate in the phone call program for the site and limit my interaction with customers only to the website because I like to have time to think about a customer’s question and research it so I can provide the best answer possible.

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However, if you have requested a phone call with an attorney, your request will post to other experts that do offer this service. When another attorney accepts your request you will get additional instructions.

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I am more than happy to continue on the website though..

Customer: replied 2 months ago.
Well, I didn't click the call me button as of yet. What's the law though. Don't the Community property law protect both spouses 50% each after 30 years of marriage?
Customer: replied 2 months ago.
She thought that because she paid the mortgage from2012 she is entitled to have more not only 50% and I will have less. My research shows that she is wrong, becaue it;s community property.

Yes, were you not able to see my answer above?.. I will copy it again..

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Ok, if nothing was inherited, and it was all purchased during the marriage, then it doesn't matter who paid for it, everything is community property and you are both 50% owners of it. Any money earned during a marriage is marital money and community property. So it doesn't matter if she paid the mortgage and you the bills, you are equal owners.

.But if a divorce is a possibility, then revocable is better because you can just cancel the trust, pull everything back out, and divide it evenly.
Customer: replied 2 months ago.
Thank you sir you are a genius. I thought so all along.
Customer: replied 2 months ago.
I thank you I have my answer.You are the best

You are very welcome. Happy to help any time.

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the caption and the JustAnswer employees will get it to me.

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If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work. Bonuses are optional, but are highly appreciated.

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Thanks much

Barrister

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