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

Answers:

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.
 
 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.