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jamesnmlaw jamesnmlaw is offline
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Join Date: Sep 2005
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Depends

Applying the law is a lot like the smell of the crotch of an old person: just Depends.
On the title (deed) doesn't usually matter in community property (but, it depends).
In CA, if the married couple lived apart, intending to divorce, then the community might have been broken (depends again).
Was the 'domicile' in question located in CA?
Did the spouses enter into a contract breaking the community specifically in regard to the real property?
The law is black and white. Applying the law creates a big grey area between the black and white. The grey area is why God invented lawyers.
Your friend needs a good CA real estate and probate attorney. Gonna cost big bucks, more than likely.
Probable outcome: dead spouse created the trust for his sole & separate stuff and any potential interest he may have in the community (like, if the wife died first). His death breaks the community. The trust may only have any interest in his stuff, not the stuff from the community. That all goes to surviving spouse.
NB - I am not licensed in CA so I don't know doodly squat about community property law applied in CA. This information is not legal advice.
Your mileage may vary.
Old 06-30-2018, 08:37 AM
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