HELP!Estranged Husband(30yrs.) is croaking but the house is still in both our names.

Here we go again..
A friend of mine has been separated for 30 years from her husband. They separated after a few years into the marriage. Since that time she has paid all of the mortgage payments and paid off the loan. She has lived in the house with the children all these years.
Now her husband is dying and not expected to last much longer. The house is still in both of their names. She is concerned that "her" home will be attached for her husbands medical bills.
Is there anything that she can do to save her house from his creditors?
She doubts he would be willing to sign off on the house.
Thanks for your help.

What state?

They both live in Calif.

No, even if he were to sign his portion over to the "owner." Any conveyance would be seen as a "fraudulent conveyance" and reversed by the creditors. This should have been dealt with by a Dissolution of Marriage or Legal Separation years ago; but then, she already knew that. The community property interests of both the debtor and nondebtor spouse generally are liable for debts incurred by either spouse before or during the marriage and prior to legal separation, regardless of whether the debts are based on contract, tort or otherwise. [Ca Fam §§ 902, 910]

California is a "community property" State, and while they are married, each is entitled to half of the other's property and debts.

Westside Law

Mileaway,

Have your friend go see an attorney. Family law assets/debts get tricky when it comes to a separation not filed with the court.

Family Code 910(a) & (b) - Community Estate Liability for a debt incurred during the marriage does not include the period during which the spouses were living separate and apart before dissolution or legal separation judgment.

Also - "Debts incurred by either spouse after separation are debtor spouses separate obligation neither chargeable against nor reimbursable from the community." In re McCoy (1990).

"separate and apart" under Family Code 771 means permanent separation with no present intention of resuming marital relations. The critical inquiry is whether the parties' conduct evidences a complete and final break in the marital relationship. In re Marriage of von der Nuell. Physical separation is required. In re Marriage of Norviel.

There are so many factors that come into play and things can get quite complicated. Like I said have your friend contact an attorney.

Tricky, tricky issue. My first uneducated guess would be to agree with Westside that there is nothing she can do. However, jurisprudence may have done enough research on this subject to know better.

As usual, spending some money for a good attorney consultation is undoubtedly necessary here… A lot may have to do with what the husband will or will not agree to.

Good luck!

Your guess would be just that...uneducated. Definately did the research.....Consult an attorney.

I can't spell "definately", but I really did the OTHER research. I promise. Really. Trust me.

: )

Grace,

We know you have not yet made it to law school. For those who have made it we don't have time to cut and paste our posts into word and spell check it. I actually spend my time representing my clients.

Oh, dear Lord have mercy. You have to CUT AND PASTE the word DEFINITELY??

i defar two yer grateness in kumplete humelity. I culd onlee weesh too bee sew DEFINATELY exsellant * happy smile*