Originally posted by @Christopher Phillips:
@Justin Aguilar
This can be simple or complicated. The seller needs to speak with a lawyer.
California is a community property state. So, all property acquired during the marriage is owned equally by both spouses. Even if it was on an LLC - as long as the LLC was created during the marriage, it's community property.
On the other topic, most states don't recognize ownership if the deed is never recorded. It might not be needed if this is community property.
However...
If the property was acquired before the marriage then it's separate property.
If the property was acquired before the marriage, what happens now depends on if there is a will or not or if someone else can try to lay claim to it like an ex-wife or another potential heir.
It gets more complicated if there was a partner involved in the property since it's an investment rental. So the partner would maintain their share and the widow would only be able to lay claim to her portion, assuming other heirs aren't involved.
Thanks for the response, so the first statement will be invalid in this situation, he bought it when they were divorced, got back together and signed the deed over to her, but she did mention other heirs in the family, and I believe the property would be passed down to the son. If so the son would be willing to work it out, according to her. If her ex husband has brothers or sisters that are alive, it could be passed down to them, correct? Also I have a title company helping me out with this, if there are any other suggestions you got, please post it, thank you!
