Probating Your Own Home Because You Gave Away the Title to Your Spouse?
You’re not alone if your spouse took title to your family home as Sole and Separate Property in California. If you transferred property to your spouse during your marriage and your spouse has died, we may have the answer for you to stay in the home.
Recently we helped a client who was in the middle of a Probate case with another firm. Her husband had passed away and, because she signed a spousal transfer deed, his name was the only name on the title to the marital home they purchased 20 years earlier.
Her previous attorney looked at the house title, saw that she gave away her “right, title and interest” and her husband’s name listed as “a married man as his sole and separate property.” The attorney told the surviving spouse, who lived in the home since her husband bought it twenty years earlier, she would have to sell the home. Why? Because his two children from a marriage 50 years earlier were expecting 2/3’s of his separate property and the family home was titled as “separate property.” They were expecting her to sell her own home and leave with just 1/3rd of its value. And that is what she was prepared to do until she hired our firm.
Did your spouse buy a house during your marriage and your spouse died? Did you transfer property to your spouse during marriage? We can help, but you do have to call our firm and set up an appointment. I have won my clients their own homes even when their name wasn’t on the title and after they gave away their rights to their spouse.
Key Points:
- Separate Property Is Split With Step-Children: If your spouse has sole and separate property, you may have to sell it when your spouse dies to split the property with your step-children.
- A Marital Home in California is Yours: If the marital home is titled to your deceased spouse as “separate property” and bought during your marriage we may be able to help you keep the home.
- Avoid Probate: Our firm has helped avoid losing the marital home to step-children through a probate
Don’t let an attorney tell you a probate is required to sell your family home to pay the step-children before you talk to our firm.
Why Should You Set an Appointment?
- 20-minute, no obligation, free consultations and paid consultations are available!
- Stay Informed: Knowledge is power, and understanding your options can help you make informed decisions.
- Maximize Your Share: Discover strategies to minimize the impact of your spouse’s death on your marital property and discover what is actually yours to keep.
- Protect Your Legacy: Ensure that your loved ones inherit your property.
- Special Laws We Navigate: We are the only firm we’ve found that can help you undo a transfer.
Conclusion
Don’t miss out on this opportunity! Book an appointment today to explore how we can help you, too. And learn how to safeguard your assets, reduce stress, and secure your family’s legacy.
Remember, knowledge is the key to financial empowerment. Act now and unlock the benefits!
Disclaimer: This article provides general information and should not be considered legal advice. Schedule a consultation with a professional today for personalized guidance regarding your specific situation.