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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 37797
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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If someone dies without a will and is married with no

Customer Question

If someone dies without a will and is married with no children but has a living parent if his home was inherited buy both him and his mother and title as tenants in common is his separate property automatically divided 50/50 between the parent and the wife or does the fact that they've been married 18 years I lived in the property the entire time while the Mother didn't live there but paid the taxes how if any does that affect the way the property divided
JA: PayPal, Debitcard or credit card are all fine.
Customer: Debit how much
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
JA: Anything else you want the lawyer to know before I connect you?
Customer: It's a co-op ' but I don't think that makes a difference
Submitted: 4 months ago.
Category: Legal
Expert:  Barrister replied 4 months ago.

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, but rest assured, I am working on your question. The website may offer a phone call option, but it is optional.

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In CA if someone who is married dies without a will and has no children, but living parents, then the spouse inherits all the community property and half of the separate property. The parents inherit the other half of the separate property.

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So if he and his mother were tenants in common on a house, then they both own 50%. When he passes, his 50% gets divided between his spouse 25% and his mother 25%.

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It doesn't matter who lived there or who paid the taxes on the property, it was co-owned so is divided according to default CA intestate law if there is no will.

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thanks

Barrister