Posted on: 21st Jul, 2011 12:18 pm
I am married I own my home I recently married if I pass away does the home go to my new husband? I live in California and I want my home to be left to my children what do I need to do?
In California, since its a community property state, the property would go 1/3 to your spouse and the remaining 2/3rds to your children, if more than one child. Unless the property was acquired before marriage and your husband is not on the title to the property. In that case I am not 100% sure of the law, you can contact a title company in your area to help with the question, and prepare a valid will stating what your goals are when you pass.
Your children has a part on your property but regarding with your husband I am not sure if it would be your ex-husband that will have a portion of your property or your new husband since you haven't stated anything about the time when you gained the rights of owning your property.
