My son killed himself his wife was cheating on him he was paying on his house does she get the house

Asked over 1 year ago - Yerington, NV

my son live in ca. his wife was moved out she was cheating on him and he was paying for the house alone since it was bought should she get the house there was no will

Attorney answers (3)

  1. Thomas D. Boley

    Contributor Level 14

    8

    Lawyers agree

    Answered . Unfortunately, yes. Definitely if her name was on the title of the home. If she is his sole heir, she will take property based on the intestacy laws of the State of California. You will need to seek an opinion from a California attorney, though.

  2. Israel Lynda Kunin

    Contributor Level 15

    5

    Lawyers agree

    Answered . Is the house in Nevada or California? The probate laws of that state would apply. But if the house was in both names, with a right of survivor interest, then it will pass to the wife without probate. In either case, fault is not relevant. Both states are community property.

  3. Richard Edmund Hawkins

    Pro

    Contributor Level 16

    3

    Lawyers agree

    Answered . A lot depends upon how the house was owned.

    If it was his from before the marriage, then it will be at least partly his separate property, and be shared by his surviving spouse and his surviving children.

    If it is post marriage, or otherwise community property, or joint tenancy, it passes to her.

    I believe the answers are teh same under California law, but you'll need to ask someone who practices there.

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