Quote:
Originally Posted by jyl
My understanding
- X and Y were married 1989
- During the marriage, Y worked outside the home, X stayed at home
- Y purchased their primary house before the marriage (jointly with siblings), as well as a second house e used as a rental (unclear if rental house was purchased with siblings)
- During the marriage, Y bought out the siblings' interest in the primary house
- During the marriage, Y made mortgage payments on the primary house and on the rental house. Payments made from Y's separate bank account. Unclear what the source of funds was, believed to be Y's wages.
- No written pre or post nuptial agreements signed by X, according to X (but unclear if X would understand such a document, X does not know what the word pre-nuptial means)
- Unknown if were alleged oral agreements
- X recalls signing loan documents for a refinancing of one of the house
- Both houses believed to be held by Y's living trust.
- Believed that trust makes Y's child C (who is not X's child) the beneficiary, with X claimed to have no interest.
- X is beneficiary of Y's pension.
- X is bipolar and 82 y/o, and, while not declared legally incompetent, has limited grasp of legal matters.
- Y died recently
- X has been instructed by C to leave the house and not take any of Y's personal property (photos, books, etc)
- X just received 120 day notice of period to contest trust.
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Given the above, consultation with an attorney should be done, asap.
As a lay person, I see a potential claim by X when Y bought out the siblings' interest in the primary house, during the marriage. That establishes acquisition of an asset, at least a portion of an asset, during the marriage and that portion should be community property. Still, that does not give X any right to live in the house or claim to title, it only gives X claim to a portion of its value, which X can demand from the trust.
Time to lawyer up.