Title: September14, 2005
Maxine de Villefranche is an attorney and civil general practitioner with 13 years of experience. She operates her law practice from her new office in town, as well her Lancaster satellite office. She will answer legal questions posed to her by the readers, to the best of her abilities. Please forward your questions to maxinedev@msn.com or fax them to (661)825-8880.
Q. I just bought a house and moved in a couple of weeks ago. I found mince running around the house at night. The bathroom tap is leaking under the sink, and now that I am looking at it closely, the problem is obviously not new. There’s rot under that sink. I am sure that other problems will surface along the way. While the house was in escrow, I noticed that all the disclosures signed by the seller were at least one year old. But because I did not really care for nor trusted the real estate agent representing me, I did not say anything. What can I do at this point?
A. When a house is being sold, disclosures by the seller should be recent. A lot of things can break down and get damaged during a year’s time. This is why it is so important to have an experienced home inspector inspect the house before purchasing it. An inspector would have seen the rot under the sink and pointed it out to you. Electrical, heating and septic systems should be fully operational before buying a house. The roof should have a few years left on it. If the disclosures do not reflect the true condition of the house, you have recourse against the seller of the house for breach of contract and fraudulent disclosures. It is too late to do anything about your lack of trust in your agent.
Q. I am undergoing a divorce right now. I inherited a house from my father when he died. This was a good 23 years ago. I live in the house with my wife and kids during the entire marriage. The mortgage was fully paid form insurance proceeds at the death of my father. Of course, I made improvements to the house, but the house is still free and clear. Now my wife claims an interest in the house. Is this house community property or not?
A. You failed to tell me whether you added your wife’s name to the title of the house. If you did not, the house may be separate property and your wife is not entitled to any part of it, if she did not contribute to the improvements made. If you added your wife’s name to the deed, she may have a community interest in it. Depending whether your wife contributed to the improvements made, she may be entitled to a reimbursement of monies spent towards the improvements. Monies spent on improvements may have come from your earnings, which are considered community property. This is a very complicated issue, with many factors to consider.
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