Corona, CA asked in Real Estate Law for California

Q: What do i have to do to sell a timeshare that is held in community property but the other party has passed away

My x husband never changed title to a timeshare we owned together. when he died 5 years ago i started getting the maintenance fee bills and have paying them ever since thinking we held it as joint tenants and that i was now the sole owner. upon trying to list it for sale i was told i cant because it is in community property. my daughter is the trustee for his estate, can she sign for him?

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1 Lawyer Answer
Richard Samuel Price
Richard Samuel Price
Answered
  • Redlands, CA
  • Licensed in California

A: If you were not married at the time of his death, then you did not have the right of survivorship. His estate owns the property and it may need to be probated to pass it to his heirs.

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