Community Property in Domestic Partnership AFTER Death

[donandessie]

Mom and "StepDad" have been together 24 years, signing a Domestic Partnership through the State of California in 2003. At that time, Stepdad was not able to put his brothers house in his name due to income/credit issues (this is where they have lived for all these years - Stepdads bro deceased in 1992.) Anyway...Mom ended up putting the house in her name because Stepdad wasn't working, Mom made payments, had good credit and because they nearly lost the house). During the 24 years together they each made house payments and acted as married with financial responsibilities. Mom passed away and house is still in her name alone. Question is: Is this considered community property and how is that split between Stepdad and Mom's heirs? Would like to be as clear as possible on Domestic Partnerships and Community Property before we (the Stepdads kids and me and my siblings) see an attorney regarding this. The step-siblings have already talked to a lawyer about getting the house put into Stepdads name and it is supposedly costing $12,000 to do this ( I imagine the cost is there because my Mom is now deceased?). SIMPLY put...what are Mom's rights (i.e., her heirs) with the house? I truly appreciate any help regarding this issue as it is quite a detailed one. Thanks so much. :dunno:

 

[Michael Wechsler]

This is best answered by an attorney who can review all the documents and the facts in this case. Did mom have a will?

California defines community property as any asset acquired or income earned by a married person while living with his or her spouse. Separate property is defined as anything acquired by a spouse before the marriage, or during the marriage by gift, devise or bequest.

 

[donandessie]

No, there wasn't a will. So, I know we'll have to see a lawyer now to determine the percentage of the community property because, even though they were together for that amount of time, the domestic partnership agreement was done later in their relationship. Am I correct? I cannot imagine my mother would have put her name on this house if she believed she would get nothing from it in the end and I believe most people would assume same. Sound sane?