Skip to content
×
Pro Members Get
Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
ANNUAL Save 54%
$32.50 /mo
$390 billed annualy
MONTHLY
$69 /mo
billed monthly
7 day free trial. Cancel anytime
×
Take Your Forum Experience
to the Next Level
Create a free account and join over 3 million investors sharing
their journeys and helping each other succeed.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
Already a member?  Login here
Tax, SDIRAs & Cost Segregation
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated about 6 years ago on . Most recent reply presented by

User Stats

21
Posts
3
Votes
Vincent C.
3
Votes |
21
Posts

property owned before marriage - separate or community? TOD deed

Vincent C.
Posted

So my dad is getting married again. He has a pre-existing property before the marriage, and planning to do a transfer on death (TOD) deed to put the property in my name as the beneficiary. 


However, would the new marriage automatically VOID the TOD deed, and/or turn the pre-existing property into community property or joint ownership between my dad and his new wife?

What is the best method? We live in California.

Most Popular Reply

User Stats

3,933
Posts
3,198
Votes
Ashish Acharya
#2 Tax, SDIRAs & Cost Segregation Contributor
  • CPA, CFP®, PFS
  • Florida
3,198
Votes |
3,933
Posts
Ashish Acharya
#2 Tax, SDIRAs & Cost Segregation Contributor
  • CPA, CFP®, PFS
  • Florida
Replied

@Vincent C.

Attorney will have to chime in, but property before marriage is considered separate property.  If he does not own the property as a Joint Tenant with the right to survivorship or Tenant by the entirety with his new wife, He can pass that to you via will or trust or

Even if the property is a community property, he can transfer you the half of property. Community property does not have a mandate that it needs to go to the wife.  They are jointly owned by a spouse but doesn't have to go to the wife. He can pass half to you. 

You could own the property as Joint Tenant and the property would go to you after the death. Or, trust can be used as well. 

business profile image
INVESTOR FRIENDLY CPA®
5.0 stars
216 Reviews

Loading replies...