Community Property in California

This is a discussion on Community Property in California within the Other Real Estate Law Matters forum, part of the REAL ESTATE & PROPERTY LAW category; In California, if a husband removes the deceased wife from the Grant Deed to their land, and they are NOT ...

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Old Aug 28th, 2008, 07:30 PM   #1
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Default Community Property in California

In California, if a husband removes the deceased wife from the Grant Deed to their land, and they are NOT joint tenants (does he even have the right to remove her name?), who gets the community property at the death of the husband? His own biological son, or the children of deceased wife? Or both?
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Old Aug 29th, 2008, 01:12 PM   #2
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Default Re: Community Property in California

Dang, this website is useless.
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Old Aug 30th, 2008, 10:53 AM   #3
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Default Re: Community Property in California

he cannot unilaterally remove her name

is the matter in probate?
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Old Aug 30th, 2008, 10:16 PM   #4
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Default Re: Community Property in California

His son (my step-brother) opened probate over a year after my step-father died, got the land, and has already sold it to total strangers.

How do you know my step-father could not remove her name? I am currently in litigation against the Title Company for allowing him to remove her name? I am pro per because I cannot afford a lawyer. Any information, evidence and argument you might have, would be greatly appreciated and useful. Thank you.
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Old Sep 2nd, 2008, 12:28 AM   #5
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Default Re: Community Property in California

I am working on an amended complaint that has to be filed in a few days. If you have any legal sources showing that my step-dad could not unilaterally remove my mother's name from the Grant Deed, please show me what you have. Thank you.

P.S. These stupid strings never work right.
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Old Sep 2nd, 2008, 05:49 PM   #6
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Default Re: Community Property in California

Yeah, California Civil Code 683 says that a Grant Deed must expresley declare a title to be held in joint tenancy. If your parent's original Grant Deed did not say this, then they were infact not joint tenants. And becuase they were not joint tenants, he had no right to remove her name.
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Old Sep 3rd, 2008, 05:06 PM   #7
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Default Re: Community Property in California

Thank you so much for that information.
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