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o/t community property, anyone with knowledge of the law please read!

CaptainD's picture

So this blog was inspired by the "if dh died" blog

If anyone knows the answer to this question please tell me.

I live in washington. Washington is a community property state.

Dh bought our house 2 months before he met me (7 years ago). We have been married for 2.5 years.

I have invested a lot (thousands and thousands of dollars) of my income into this house since we've been married. Mortgage payments, money to finance the dining room add on, redoing the bathroom, kitchen, adding on an extra bathroom, sodding the backyard, painting the exterior of the house, etc.

If he died, would I really only get half of the house, and the other half would be split between skids?
I haven't been put on the deed to the house (only cause I haven't asked or brought it up. Of course he would if I asked)

I feel that I should be able to contest this law in court, considering the amount of money I have invested. Is this in any way possible?

Comments

sixteensmom's picture

Have him put u on the deed. And make sure its spelled out in his will.

We have very detailed wills and documents in our safe deposit boxes that outline every detail. Which kid gets what in the event he or I die. We have documented who pAid what for which items.... And What percent each set of kids get of our stuff if we die together, and whAt happens if one dies and the other dies within a year.

Don't leave anything to probate or up for interpretation. Skids would not be happy if they saw these docs. My kids are fine with it... Well they get most stuff... Because I bought everything.

My will even says I do want everyone to cry at my funeral and no one should believe my mom if she's says otherwise. She's known for telling people the deceased wouldn't want you to be sad or cry. Yes I do. Cry damn it!

CaptainD's picture

Ok does anyone know the answer to the question I asked?

I am aware that we need to make wills/I need to be put on the deed.

If dh died today, what could I do?

CaptainD's picture

I did research wa state laws on the matter. I know that if dh died, the house would go to me. But if I decided to sell the house, from what I read I understand that half the profit would be mine, and the other half split between any children of his. I was curious if anyone had any idea if my financial contributions would have any weight in court.

I do plan to have him put my name on the deed... but I have been wondering about this for awhile. The house is the only thing he owned before we got married, however it is the one thing that I have contributed the most to, and I would be royally pissed if I were forced to give half the profits from selling the house to his kids (or, their mothers seeing as they are minors.) Agh!

Alison12345's picture

I'm in law and I wish I could help but I'm not familiar with state laws. I'm in Canada.

I do know that in Canada under The Family Law Act, you are entitled to the family residence in the event of death of a spouse (half if you divorce) whether or not you're on the deed IF you are married OR if you've lived together as common-law spouses for three years or more OR immediately if you live together as common-law spouses with a child together. However, the cost to have everything transferred (or fight it in court if someone challenges it) can get expensive and takes time so having your name on the deed is the best option.

Also in Canada, you can go to your local Family Law Court House for guidance and information. We also have free legal advice once a month at the Court House. You may want to check with your local Court House who may supply this answer for you. Another option; call a lawyer's office in your area to ask. You may get this advice free from them if you call under the pretense that you would like to book an appointment to have the deed changed. Then ask, "Oh by the way, what would happen if my husband were to pass away before this was done?"

Good Luck!