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My husband died and we were living in separate houses and I am not on the deed how can I get it in my name

Bay Point, CA |

married for 40+ years but separated in 2004 my name was removed from deed but we are still legally married. he died with no will

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Attorney answers 3


If he died intestate (with no will), it would appear a probate is necessary.

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.


The complexity of your matter is compounded by the fact that you were still legally married, living apart for years, and for some reason you have signed off or took your name off title in 2004. Something must have motivated you to take your name off the title. You have an unusual blend, and I think you are gong to have to speak with two attorneys with different expertise, or find an attorney that has dealt with a lot of probate as well as family law issues. You have complex facts, but with a long term marriage there will be enough Court of Appeal and California Supreme Court decisions available to make it certainly possible in obtaining a defined answer once the research is completed.

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I don't think this is complex, assuming there are no other folks who will challenge you. Just go to a local probate lawyer who can get this processed.

However, I am going to assume you didn't give all the facts and that there ARE heirs that will challenge your right to the property since when you separated the property became his separate property, which without a will passes to his heirs, according to CA laws, So you need to talk to a local probate attorney who can advise you, AFTER disclosing all the facts.

If the value of the property is not that much because there is a high loan on the property for ex, it may not be worth the trouble or expense in any event.

The foregoing is for informational purposes only and may not be relied on as attorney-client advice.

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