Mother remarried, does her husband have any rights to her property?

My mother just recently married a man she has
been seeing for a couple months. Her house is
in her name, but I’m wondering if her new
husband has any rights to the property? To my
knowledge there is no prenup and she just
recently finished a living will after they had
already married. This is in California. Thank
you for your time.

Asked on March 20, 2017 under Family Law, California


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Since your mother owned the home prior to marriage, it is her separate property and her new spouse does not have a claim to it unless improvements are made to the home during marriage and those improvements are made from income during marriage.  The income during marriage is community property which means the new spouse would have a claim for one half the increased value of the home from the improvements which enhanced its value.
Community property is property acquired during marriage.  Each spouse has a one half interest in community property.
Separate property is property acquired before marriage or after the marriage ends.  A spouse has no claim to the other spouse's separate property.

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