Q: My husband refinanced his house we live in (his separate prop) and claimed he was unmarried. Is that legal?
He has owned this home for 30 years..we have been married for 4. Our community funds have paid the payments since the date of our marriage. If something happens to him and the deed says "unmarried', what will happen to my interest? As an FYI, I am not asking what would happen if we divorce, I'm not there. I am most concerned with the dishonesty of claiming he is not married and what repercussions that could have on any interest I might have - including fraud on his part if the mortgage company finds out about it. He does not have a trust or will...that i know of. My concern is that because it says unmarried, I will not be able to claim any partial interest in the home that for four years has been paid and upkept with community funds.
A: If community funds pay costs associated with the home, if you get divorced, you would likely be entitled to half of the increase in value from the date of marriage to the date of separation. If he passes away, the home will go to whomever he leaves it to in his Trust or Will. Side note: If he owns a home in California, he needs a Trust, not a Will, to transfer the property to someone and not force loved ones to go through a 2 - 3 year long probate court process BEFORE the asset can be transferred to the person named in the Will.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.