Expert: Dick Dennis - 12/22/2007

Question
Hi Mr. Dennis and thank you for taking my question.
I own a house in CA and I will be getting married ( 2nd marriage) I heard that ther are new RE law changes, that if you get married, new spouse is automatically co-owner.
Is this true?
Thank you,
Dina

Answer
Here in California, Dina, we are a Community Property state. There are nine community property states out of the 50. That means if a house is purchased DURING the marriage, it is presumed that the property belongs to both spouses. If, however, one of them owned a house prior to the marriage, it need not be community property. It is the choice of the owner prior to marriage. If Alice Adams owned a house prior to marriage, it would say something like XYZ property owned by Alice Adams as her own and separate property. She may put her new husband on title any time she chooses by going to an attorney, a title company, or even an escrow company. It is a very simple process. I don't know who told you that the new spouse is automatically a co-owner, but here in California, that is not true.

As a side note, you certainly may (at any time) create a revocable living trust and put yourself as Trustee. You control the property as usual, and you may assign anyone as substitute trustee who would take over as trustee of the property upon your demise. You would want to talk to an ESTATE attorney to make sure it is done right. You may change your mind about who is on the trust with you at any time or even if you want to end the trust. I do wish you well.

Dick Dennis          dixiedee13@aol.com