Spousal Property Petition
The main use for a Spousal Property Petition is to legally transfer title to community property home or other community assets from a deceased spouse to the living spouse, without a full probate. In Los Angeles, this procedure is simplified, and when uncontested, can take as little as 45 days in from the date of the hearing, and avoid a full probate petition at first death.
When does this come up? The issue of ownership usually comes up in context of preparation for sale of a home, or refinancing an existing loan, or in the midst of a threat by children from a first marriage. This is the way the surviving spouse establishes full ownership of the particular community property for the survivor.
Sirkin Law Group’s Los Angeles Probate Lawyers counsel surviving spouses after death of a loved one. With over 26 years as experienced estate attorneys, we take away the time it takes to do the probate, when all assets are community property, passing to the spouse. A spousal property petition can be done when there is no will, and when there is a will. As Woodland Hills and San Fernando Valley lawyers, we understand the emotional aspects of property ownership by spouses and are very cognizant of getting the case done fast.
While the spouse has priority in filing, sometimes a surviving spouse is not able to file the petition due to grieving, or ill health. The probate statute gives the right to an agent or conservator, or the personal representative of the spouse to file a petition regarding spousal rights.
Problems can arise where there are prior deeds or agreements that change the character of the property from community to separate. In those cases, the court may not approve of the spousal property petition. Our attorneys know how to determine the community or separate character of the property in probate court.
What happens to the mortgage with there is a spousal property petition? Normally, the lender has a right to call the loan, when there is a transfer of title. Some lender will cooperate and allow the survivor to refinance the loan under his/her own name. Either way, the loan does not go away by the virtue of the spousal petition.
If you are filing such a petition, you must notify the executor and all heirs at law. Once the hearing is set, you must give at least a 15 day notice, so the people who may be affected can file a response. Once the court grants your petition, you will submit a proposed order for the court to sign, which order is then recorded in the Los Angeles County Recorder’s office as evidence of change of ownership with a preliminary change of ownership report.
Our attorneys are in the Los Angeles court several times per will, helping spouses and beneficiaries of estates, with the highest quality legal service and advice in complex probate estate.
Call Mina Sirkin for advice about a SPOUSAL PROPERTY PETITION – Call (818) 340-4479 Sirkin Law Group, P.C.