My wife bought a property while we were married. She took title as married but separate property. She passed away 5 months ago. How do I get title of this property???
Estate Planning Attorney
I'm sorry about your wife's death. Since the house was in her name alone, you will either need to initiate a probate proceeding OR you will need to initiate a "spousal property petition" if you can explain to the Court's satisfaction why the property was only in her name even though she was married when she purchased it.
If you need assistance, I would be happy to help.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
You indicate that the deed on the house states that it is your wife's separtate property. You do not state whether your wife had a will. Absent a will leaving all of her assets to you, in an intestate estate separate property is distributed differently than community property. Whether the property is really separate or part separate and part community, requires a lot more facts and is too complicated to do in this format. If there is a will leaving all to you then a petition as previously suggested is fine. But otherwise, I would suggest that you consult with competent local probate counsel before any petitions are filed with the court.
DISCLAIMER: The response herein is not legal advice and does not create an attorney/client relationship or any right of confidentiality between you and the responding attorney. These responses are intended only to provide general information about perceived legal issues within the question. Each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer is not a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction and who is familiar with your specific facts and all of the circumstances