Is a wife entitled to 1/2 in community property state even if there is a will (written prior to his marriage)?
485701
No..the wife isn't..In fact some states will not even entertain the thought of splitting the property between the spouses when the other has inherited in a will...Let's ask you the question..If you were left a will prior to you marrying your husband, should your husband be entitle to it? Even if you inherited the property while married, it's still yours..It was willed to you.\n\nThe answer is simply no...\n\nAnything outside that..I suggest you consult with an attorney.
176341
No.  This is covered by state law so it varies, but the spouse generally gets everything in the absence of a will - especially community property.  If there is no spouse, then the next of kin would get it.\n\nIf it's not too late already and you have substantial assets, consider getting a living trust.  You can avoid probate which can cost you 15% of the estate!
510016
Depends upon the state law where he died, and possibly where he was domiciled.  Generally the estranged spouse still gets a share as they are still married.\n\nSome possibilities:  2/2 rule.  Spouse gets half.  Children share remaining 1/2 (each gets 1/6)\n\n1/3, 2/3 rule.  Spouse gets 1/3.  Children share remaining 2/3 (each gets 2/9)\n\nAny jointly held property with right of survivorship passes to joint owner at moment of death and is excluded from division amongst other heirs.\n\nFirst wife gets nothing, but may be designated as custodian for childrens' shares.\n\nUltimately the courts will decide.
944186
Laws governing property and spousal rights vary widely from one state to the next. Go see a lawyer. Initial consultations are usually free.\n\nWith that said, in many states it doesn't much matter whose name is on the mortgage. Assets acquired while a couple is married are generally considered to be jointly held. And so, a wife who moves out nonetheless has a property interest in the house whether she co-signed the mortgage or not. The same is true for any other property and investments.\n\nIt will behoove you (especially if there are children involved) to not be guided by what any of the folks here are saying (including myself). Call a local lawyer who will help you to keep a share of what is rightfully half yours.
949447
Yes it's enforceable.  The court will collect the fine and she can wind up in contempt if she continues to ignore it.  Your lawyer should stay on top of this as you should claim the marital assets (the home) if she continues to fail to comply.
226944
It may just be a formality, however a will should be read upon a persons demise.  Married Couples usually leave their entire estate to their spouse. In some cases though some keepsake may be left to someone other than the spouse.    Having a reading of the will when one spouse dies is the proper thing to do.
1011115
You should consult a family law attorney, first and foremost.  You did not give many details as to your specific situation, married, seperated, divorced, etc....  But if you were married when the purchase of the property occured, then you may be entitled to something, whether that be rent or forcing her to refinance to pay you 1/2 the equity in the property.
1127457
If she wrote a will, the will decides that issue.  If there is no will, then most states provide that the property goes to her living husband and children; or if just the children are alive, to the children in equal shares.  This is called "intestate succession" and you can do a web search on it for your state.
413696
You will need to consult an attorney, and you will have to file papers in the probate court for the will. If she did not have a will, her estate is in "testate". Her husband can be easily appointed. Then there is a long process that follows. You will need an attorney, and it will be in your local Probate Court.
408375
Your law guy should not have you execute more than a single copy, to prevent certain issues in litigation; but you can have as many xeroxes as u want; I suggest at least 2 xerox copies.  Yep, your dearest one can conveniently forget about the will, especially if you have attempted to minimize her or his share of the estate.  In many jurisdictions, the forced share of the spouse (i.e., the share to which the spouse is entitled regardless of the will) is smaller than the share of the share of the spouse in the intestate estate (share when therte is no will).
97573
I believe that depends upon the state but yes she can because with you being married, whats yours is his.  A court may see it as income that he is receiving from you.
98793
dba_greg is right, but even if you become common law partners, have a lawyer write up a will. Especially if you live in a red state. "Some People" think common law rights are open to interpretation.  Do either of you have immediate family members who disagree with your lifestyle?  Then, make SURE your partner is legally protected!
1072013
Any or all, depending upon how the state's laws are written.\n\nFor example, in California, any property gained or held by the married couple jointly is treated as community property. However, any property that was gained or held in other states, which would have been community property if they were in California, is also treated as (quasi)-community property.\n\nSome states may have laws that say anything that is/was community property retains that character even if they move out of state (to a non-community property state). This matters because real property (land, buildings, etc) are always resolved (at time of divorce) by the state in which they are located, regardless of where the divorce happens. So certain state laws may apply, even if the couple now lives out of state.\n\nIt's also important to distinguish between residence and domicile. Domicile is the last place you lived that you intended you remain indefinitely. If you go live somewhere else, but don't have the intent to remain there indefinitely (such as going for school, or a fixed-term consulting job, etc.) then your domicile doesn't change, even though you are now a resident of the new state.\n\nAs always, when you have legal questions about your specific rights and obligations, consult an attorney licensed in the state in question. For more than one state, you probably need to consult more than one attorney, since each is only licensed for specific states.
952821
The answer would depend upon your state laws.  Please check with an attorney in your state.
1018605
You need to talk to a lawyer.  State laws vary a lot and there is no standard rule that applies anywhere.   A lot of men these days offer up a cash settlement.  That gives the wife an opportunity to reestablish herself.\n\nNote that in community property states, she's also entitled to have your retirement savings.  Some tips that may help.\n\nTry putting aside the anger and actually talking to her.  What does she hope to accomplish?  Maybe she is planning to work more or maybe she's happy with a modest lifestyle and doesn't expect much.  Maybe she's too independent to take money from you.   Don't make assumptions, ask first and find out what you're dealing with.\n\nBe fair in the property settlement.  That will make her a lot more agreeable.   \n\nIn California, spousal support typically continues for half the number of years of the marriage but this may or may not be true in your state.\n\nThere are websites, and books that can provide formula calculators, but you still can't be sure of an amount until you either have a court order or can reach a mutual agreement.
248740
Technically, it is not community property.  But you might need an attorney to force this issue since you are married to him.  Another option is to go to the police department and ask to speak with an officer on the matter or the town prosecutor.
878378
Does she have enough money to buy his half of the equity in the home and keep it?  If not, then the judge will probably require that the home be sold and the proceeds divided equally. As for paying off the family debts, if they go to court, these can be divided, although not necessarily evenly among the two of them.  He could wind up paying off most of the debts if she is not financially able to do so.  Settling out of courts is usually unwise when there are any disputes on property settlements or other aspects of a divorce, although those seem to be taken care of already. But, the property settlement and the debts can cause alot of headaches if they are not agreed to prior to settling, whether it be in or out of court.