What happens if you’re married and you sign a quit claim deed but your husband passes away?

In such a case, will the house still go to me in a community property state?

Asked on August 12, 2012 under Estate Planning, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss.  If the property is not titled in your name then it is part of his estate alone.  If there is a WIll that leaves the proeprty to you then it is yours.  Otherwise it is divided as through the intestacy statutes in your state.  It does not pass to you automatically. Good luck.

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