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tochristine · Joined: 09 Mar 2009 Posts: 2 1.70 Dollars($)

Hello! We are homeowners in Southern California. Our loan and title are in my husband's name only. I have asked him numerous times to put me on the title. He claims that if something happens to him, the house will go directly to me. Our homeowners insurance company and mortgage bank won't even talk to me without permission by my husband, because I am not on the title, so I am very doubtful the house would be mine. Please advise! Thank You!

tawanastegall · Posted: Thu Mar 26, 2009 9:28 pm Post subject:

He married you and this is your homestead then you have interest in the property. Your name does not have to physically be on the deed. You automatically have interest in the property.

As far as you being on the loan, that is a whole different ball park. You do not have be on the loan and still have inerest in the property.

I don't know if California is a community state but if so, in the event of your husband passing (if he has kids, with our with you) the property will not be 100 percent yours.

The way it works is, if you husband pass away without a will to probate then you have 50 percent interst in the property and all kids have the other 50 percent. So, you will own half and the kids will own the other half.
Unless he dies with a will leaving the property to you. Then the entire property will be yours. That is only if California is community property state.

savior70 · Posted: Fri Mar 27, 2009 4:39 am Post subject:

Hi

As far as I know, California is a community property state where the property is owned by the spouses in 50-50 shares. It is considered as a joint ownership with a right of survivorship wherein the surviving spouse is entitled to the property-interest owned by the deceased spouse. Thus, even though you aren't on the title, you are entitled to a share of the property. As far as the loan is concerned, you aren't required to be on the loan, you can still own the property.

gmakerley · Posted: Fri Mar 27, 2009 8:05 am Post subject:

my understanding, as well, is that you're in a community property state. the precise rights that provides to you is something i do not know. i would suggest you enjoy a consultation with an attorney to ask that specific question. often, you can get a free consultation, and that may well include the answer you need. try the local legal aid society (if it exists) and ask that question also.

Posted: Fri Mar 27, 2009 3:21 pm Post subject:

California is a community property state so for your husband to have sole interest in the property the deed he took title with would have to read "as his sole and separate property". I would ask him by what means will the title pass to you, are you named in his will?

savior70 · Posted: Sat Mar 28, 2009 5:21 am Post subject:

Hi

The husband isn't required to name her in his will. If it's a community property where the spouses are joint tenants with the right of survivorship, the title will automatically pass onto the surviving spouse. There's no need for any property transfer instrument llike a deed or a will etc.

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