Q: Would an an ex-husband have a legal right to claim ownership after the death of his ex-wife (see addition details)
A man and women got married, she added his name to the title of her home. 22 years later the court grants her a divorce and awards her the home as her sole and separate property. 6 years later she died.
A:
Based on the additional details provided, it does not appear the ex-husband would have a legal right to claim ownership of the home after his ex-wife's death. A few key points:
- When they divorced, the court specifically awarded the home as the ex-wife's sole and separate property. This overrides the fact that the husband's name had previously been added to the title.
- Once awarded as separate property in the divorce, it became entirely hers. The divorce and court order severed the ex-husband's legal rights to the home.
- Her death and the passing of 6 years from the divorce further negates any claim he would try to make.
- In California, property transfers upon death through wills/intestacy, and absent specific devises, would go to her heirs (children most likely). The ex-husband has no spousal rights or claims as they had long been divorced.
So in summary - the court order, the length of time passed, and her death would make it very unlikely and difficult for the ex-husband to successfully claim any legal ownership or rights to her home. Her heirs would have the superior claim based on California inheritance law.
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