Sacramento, CA asked in Divorce and Real Estate Law for California

Q: Minnesota, xhusband died married 25 years divorced 2 remained together. Mortgage in both names loan his alone my rights?

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1 Lawyer Answer
Tobie B. Waxman
Tobie B. Waxman
  • Culver City, CA
  • Licensed in California

A: This question was posted under California, although you preface your inquiry by stating you (or xhusband??) are in Minnesota. From the perspective of California law, if it applies, the extent of the community's interest in the property is not based on whose name is on title or on the loan. The issue is when the property was purchased (i.e. before the date of marriage, after the date of separation, during the marriage, etc.) and the source of funds used to make the down payment and the source of funds used to make the monthly mortgage payments. It's not clear who you are in this fact scenario and therefore not really possible to assess your rights at this time. You should consult with an attorney directly.

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