Q: My husband died and did not leave a will. Question is we was married for 5 years. He had a mortgage before we were
married, and paid the house off while we were married. Is it considered community property since he paid the mortgage off while we were married?
A: Based on what you described, the house is a separate property since it was bought before marriage. The fact that community fund was used to pay off the mortgage does not give rise to converting it into community property. However, you, as a surviving spouse, may have a claim to his estate for your share of the community fund that was used to pay off the mortgage.
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