California is a community property state. I am led to believe that the property laws look at property purchased during a marriage as community property and both husband and wife have an equal right to possess the property during their marriage.
Wouldn’t the surviving spouse in a community property state, upon the death of the other spouse, automatically receive the deceased spouse’s half of the community property in the absence of a will? I realize that either spouse may will his half interest to others if he or she so chooses.
Death of Spouse - Still on Deed - Posted by Dave Roekle
Posted by Dave Roekle on August 09, 2004 at 20:15:48:
I have an opportunity to purchase a house in Riverside County CA.
The wife wants to sell, but the husband passed away 6 years ago. The property is held in joint tenancy so how does the wife sell me the property with the husband’s name on the deed?
Re: Death of Spouse - Still on Deed - Posted by John Merchant
Posted by John Merchant on August 10, 2004 at 10:41:56:
Gary’s advice is right,IF there are no other heirs, and if the title really is in the name of H&W, as jtwros…so she, as the survivor, now does truly own his interest.
But if it was not clearly titled as jtwros, then his heirs now own whatever he owned, and you’ll have to deal with them.
You need to file an “Affidavit of Death of a Joint Tenant” with the county recorder. You are also required to file a certified copy of the deceased’s Death Certificate with the affidavit. The URL for Riverside county is http://www.courts.co.riverside.ca.us/kiosks/decestate.htm