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My husband bought our house before we were married. He had a…

Customer Question
My husband bought our...

My husband bought our house before we were married. He had a loan modification sometime after we were married. On the loan mod. documents he missed correcting the fact the he was not "unmarried man. He recently died, rather sudden and a friend said I may have to sell our house and split the money with his kids. Is there anything that can be done other then the kids signing a quick claim transferring their portion to me?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Has anything been filed or reported?

Like what?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No nothing filed yet. He only passed away 6 days ago. Our friends and neighbors and his co-workers all have heard him say he wants me and our son to be able to keep the house. I am just prepare in case his older kids decide not to play nice.

Submitted: 8 months ago.Category: Legal
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Answered in 15 minutes by:
12/7/2017
Lawyer: Phillips Esq., Attorney-at-Law replied 8 months ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 22,717
Experience: B.A.; M.B.A.; J.D.
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Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Lawyer: Phillips Esq., Attorney-at-Law replied 8 months ago

My deepest sympathies for your loss.

Could you explain a little more?

Did your husband leave a Will or did he die intestate (without a Will)?

Thank you for your cooperation.

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Customer reply replied 8 months ago
Intestate
Lawyer: Phillips Esq., Attorney-at-Law replied 8 months ago

Thank you for the information.

Kindly give me a few minutes to prepare my response.

Thank you for your patience.

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Lawyer: Phillips Esq., Attorney-at-Law replied 8 months ago

Your Question:

My husband bought our house before we were married. He had a loan modification sometime after we were married. On the loan mod. documents he missed correcting the fact the he was not "unmarried man. He recently died, rather sudden and a friend said I may have to sell our house and split the money with his kids. Is there anything that can be done other then the kids signing a quick claim transferring their portion to me?

Response: Unfortunately, no. Also, since this is a separate property, property purchased before the marriage, you share of the sale proceeds would 1/3. See California Probate Code Section 6401(c)

I am sorry that I do not have better news for you.

Best wishes,

A positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating.

Thank you for your cooperation.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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