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Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31766
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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What is the difference between community property and community

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What is the difference between community property and community property with right of survivorship?
Adding "rights of survivorship" creates a joint tenancy. This means that whoever lives the longest ends up with the property. When one dies, the interest passes to the surviving owner and not to the person's estate.
Customer: replied 7 years ago.
I like the right to survivorship, how is this different from joint tenancy?
It's the same thing! The full term you'll see in a deed is "joint tenants with rights of survivorship".
Customer: replied 7 years ago.
OK so if my husband dies and we have a home that is joint tenants with rights of survivorship,can his creditor come after the house for payment? We live in California.
Yes, because Ca. is a community property state, which means that his debts are yours, and vice versa.
Customer: replied 7 years ago.
What about his debt prior to our marriage?
Any pre-marital debt is separate.
Customer: replied 7 years ago.
I own my house prior to marriage, can he make me sell it?

He can't sell the house unless you agree to it.

Customer: replied 7 years ago.
After we get married he wants a will drawn up that gives him 1/3 of my house. Can I change the will after I make the original one under duress? (How do you spell under duress in Latin?)
Yes, you can change a will any time. Duress is spelled the same way.
Customer: replied 7 years ago.
OK . IF WE BUY A HOUSE IN CALIFORNIA AND HE USES 30,000.00 AND I USE 50,000.00 TOWARD A DOWN PAYMENT, AND WE DIVORCEE IN 1 YEAR, HOW WILL THE HOUSE BE DIVIDED?
Equally. Unless there's a separate written agreement stating that your interests are different based on your basis (capital investment), the property would be divided equally.
Customer: replied 7 years ago.
When married in california, if my spouse runs us into alot of debt and i choose to divorcee,will I be responsible for half of his debt? How can I control his spending when he goes into debt or uses his money to gamble? If I keep really good records of income and expences would this help the judge make a decision.

All debts are considered marital debts (each of you are liable) because Ca. is a community property state. You can owe debts that you don't even know exist!!

 

In a divorce, the judge can assess debts to be paid by either one of you. However, the court order does not effect the lender/creditor's right to come after you for the debt. The court order allows you to recover any money you pay out on a debt from the other ex-spouse.

Customer: replied 7 years ago.
OK IF I AM MARRIED IN CALIFORNIA AND I HELP MY HUSBAND PAY OFF THE HOUSE HE BOUGHT WHEN HE WAS SINGLE(IN WASHINGTON STATE) AND WE DIVORCEE, AM I ENTITLED TO ANY PART OF HIS HOUSE?

If the house was owned during the marriage and you paid money towards the debt, yes, you should be awarded an equity interest in the house.

Customer: replied 7 years ago.
WE ARE MARRIED IN CALIFORNIA, MY HUSBAND OWNES A HOUSE IN WASHINGTON STATE THAT HE OWES 100,000.00 ON.(HE PURCHASED IT WHEN HE WAS SINGLE IN WASH). IF I HELP HIM PAY IT OFF, WILL IANY PART OF IT BELONG TO ME IF WE DIVORCEE?
Yes, you would have the right to recover a portion of the value of the property. You're looking at recovering at least your investment and possibly equity.
Customer: replied 7 years ago.
OK WHAT ABOUT MY HOUSE THAT I OWN. (IN OREGON) IS HE INTITLED TO ANY PART OF IT IF WE DIVORCEE?
It would likely be considered marital property, and he would have an equitable interest in it UNLESS you have kept it totally separate (not in his name, he has paid no money on it, it has not been the marital residence).
Customer: replied 7 years ago.
YES THIS IS THE CASE, BUT HE WANTS ME TO PUT IT IN A WILL THAT HE WOULD REC. 1/3 OF THE PROPERTY IF I DIE. DOES THAT SOMEHOW PUT HIS NAME ON IT IF WE DIVORCEE?
No. A will is ambulatory, which means it is not enforceable until you die - and it can be changed at any time before that occurs. Thus, a bequest in a will does not automatically give him property rights. In fact, it really would show that he has no ownership in the property and that you're giving it to him when you die - if you pass before him.
Roger and other Real Estate Law Specialists are ready to help you
Customer: replied 7 years ago.
THANKS SOOOOOOOOOOOO MUCH!
Sure. Glad to help!