It is more complicated than that.

1. Where is the house located? If it is located in CA then CA community property law applies. If it is in other common law states then the law in that state applies to real property, upon death. Upon divorce, this would have been treated as quasi community property.
2. If you signed the waiver, this would have been a valid transmutation and the house is your hu*****and's SP.
3. There is a marriage presumption that property bought during marriage is CP but your hu*****and has the burden of proof that he could trace the fund to his SP. If he can do that then the house is his SP. The controlling law is section 2640 of CA Fam. Code.
4. Your hu*****and's signature alone on the deed is insufficient to prove the house is his SP, but it may give rise to a valid presumption of (1) valid transmutation, and (2) a gift from the community.
5. When the mortgage is paid by community property fund, community will get pro rata interest. Controlling law is In Re Marriage of Moore.

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• Thanks! -單身老貓- ♂ (0 bytes) () 07/22/2009 postreply 13:14:20