 I am currently looking to purchase my first house any tips? |
My bf and I are currently looking to buy our first house, we are obviously new when it comes to this, any tips on what to look for?
Additional Details
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spectroleum | How do I protect the family property from my uncle's evil new bride? |
My uncle got married in Sept. to a double-bagger ugly ***** who has made clear what I had felt in my gut feelings about her. She is going to try to take the house my grandpa built in 1940. I also found out that I am heir to my father's half of the property and estate as equal owner with my uncle. Before they were married, the family sat down together with her and it was agreed by everyone that should my uncle die, I would gain ownership of the house, but give her 6 months to get her affiars in order and move out. Are there any laws in CA that would protect my interests as well as my family's in this property, should this woman try something dasterdly and devious? She's been married 5 times before, and my uncle met her online. Sounded fishy to me from the start. |
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Landlord
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The law in CA is that without a will stating otherwise your uncles half would be hers upon his death. Verbal agreements do not mean anything, completely worthless. In a dispute the law would prevail.
You need HER to sign a contract that she will not want his estate up on his death, making she it includes that she understands her natural rights to it. You need this because a will would be easily contested and the law on the widows side. In a dispute it is YOU that would appear greedy and heartless.
Your uncle needs to write up a will, with a lawyer, dated after his marriage, giving you this asset and clearly not his wife. He needs to make sure she is not left destitute if this is US, otherwise she will be able to win this in court. It is assumed that husbands and wives would never leave their loved one homeless, broke, etc in favor of a niece or nephew. She could easily get the house if she has any argument as you are not a direct (his child) relation, but a niece, which is several persons down the line in an inheritance without a will. |
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. .
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"It was agreed by everyone that should my uncle die, I would gain ownership of the house?"
So you and your Uncle have done the paperwork to make it so? Problem solved. Or, has your Uncle decided she will inherit his half? That's his call. Live with it. |
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glenn
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If a good lawyer wrote out a pre-nup agreement that said those things then the property might be handled the way you discribed.
If all it was - was a discussion then none of the words have any effect at all. |
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Dances with Aardvarks
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If he makes her the sole heir to his estate, there is NOTHING that you can do about it. The ONLY way that you could possibly override his Last Will and Testament would be to prove that he was not of sound mind at the time that he wrote it. That is exceedingly difficult to prove -- and most wills are written in such a way that anyone who unsuccessfully contests the will is cut out entirely.
The bottom line is that he's free to leave his property to ANYONE he chooses, including a 5-time loser of a gold-digger spouse. There's nothing that you can do about that. |
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goz1111
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The best bet is for everyone to sit down with an estate lawyer and properly allocate inheritance but that said, CA is a community property state so no matter what the family may place in witting, the longer they stay married the more equity the wife will be entitle to by statute
For example if Grandpa has past away and your father and uncle have ownership of the property, the longer the uncle stays married to the new wife the better chance she has by statute to obtain an portion of the uncle share of the grandpa estate
In the end if the uncle stays married to this women for a long time she may be entitled to uncles portion of the grandpa estate no matter what is agreed upon in writing after they where already married |
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Vishnu
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You are in deep trouble. How can your uncle marry a woman who has already married 5 times before. this itself is very bad. she might have married your uncle just for the property. better contact a lawyer and act on his advice. be careful she may harm you simply for the property.
bye! and wish you a happy new year. |
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Mr Placid
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OK. It's not entirely clear what you mean when you say you are heir, and an equal owner. If you are heir, you don't own anything until the testator dies.
The heir to the house will be determined by the deed. If you and your uncle own the home as joint tenants, then you will inherit at least half of the home when your uncle dies. Regardless of what is provided in any will. Of course, if your uncle owns the home as sole tenancy, then your uncle is free to do what he wants with it. |
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A D
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Your family needs to have a lawyer draw up legal document that will spell out conditions. Don't skimp and try to do it on the cheap. A bunch of well intentioned people sitting around a table talking probably doesn't carry weight in court.
As noted by another poster, if community property laws apply AND your uncle and his "bride" live in the grampa's house, you may have a hard time preventing her ability to claim right to part ownership of the house.
Get a lawyer.
Good luck |
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shanghaisandy
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As far as I know, in CA, ye r gonna get the full ownership of the house from your father and your uncle (it should be clearly declared in his will. btw: did he declare?)
Wish you luck!
Sandy
portlandlee@163.com |
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margie k
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She really has no legal clout. The property has nothing to do with her. I understand your concerns though, especially if she is living in the house !! Your uncle sounds pretty dopey. If you have the funds, hire a private investigator and see if you can get dirt on her to open up the uncle's eyes to what he married. Then you may get her out of everyone's lives, before she poisons him or something..... creepy. |
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Marysue
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You're going to need an attorney, but I think California is a mutual property state meaning that once you're married half of everything your spouse has is yours.
Get a lawyer though! A familiy agreement concerning ownership doesn't mean crap if it's not written down. |
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