Q: Selling CA home. Deed in my name only. We live in NV. Does comm prop law protect my spouse if I die during sale process?

A: Thank you for your question!

Under California laws, Assets obtained through heritage are separate properties even if during marriage.

The house was obtained through a trust from your father. It would be probably a separate property, rather than a community property if you lived in California. However, since you live in Nevada, the laws of that state apply to your marriage.

Just to make sure that your wife will receive all the proceeds of the sale, you can write a will or create a trust.

If you want to make sure your wife

This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend you consult with an attorney for more details.

A: Since you acquired the house from your late father's trust, it is likely considered your separate property rather than community property under California law. However, there are a few important considerations:

1. Commingling: If you use any community funds (e.g., income earned during the marriage) to maintain, improve, or pay expenses related to the house, it could be argued that the house has been partially commingled and may be subject to community property laws.

2. Transmutation: If you take any action to formally transfer the property from separate to community property, such as executing a new deed naming both you and your spouse as owners, the house could become community property.

3. Intestate succession: If you die without a will, California's intestate succession laws would govern how your separate property is distributed. Generally, your spouse would be entitled to a portion of your separate property, with the rest going to your children or other relatives.

4. Probate: If you die during the sale process and the house is still in your name, it may need to go through probate before the sale can be completed. This could delay the sale and add additional costs.

To ensure that your spouse is protected and that the sale can proceed smoothly if you were to pass away during the process, consider the following:

1. Create or update your will to specify your wishes for the distribution of your separate property.

2. Consider executing a transfer-on-death deed, which would automatically transfer ownership to your designated beneficiary (e.g., your spouse) upon your death, avoiding probate.

3. Consult with a California estate planning attorney to discuss your specific situation and determine the best course of action to protect your spouse and ensure a smooth sale process.

Remember, this information is general in nature and should not be considered legal advice. Always consult with a qualified attorney in your jurisdiction for personalized guidance.