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Legalities hold site captive (Scott Peterson cannot sell Laci's home)
modbee ^ | 11-20-04

Posted on 11/20/2004 6:23:36 AM PST by LouAvul

It was where she planned to start a family, and where prosecutors say he killed her.

And now that a jury has convicted Scott Peterson of murdering his pregnant wife and unborn son, questions swirl around what will become of the couple's Covena Avenue home in Modesto.

Once the site of media stakeouts, 24-hour police surveillance and impromptu shrines for Laci Peterson and the son the couple planned to name Conner, the house now lies at the heart of a legal morass involving criminal convictions, lawsuits and a loan.

The single-story 1,770-square-foot home in the La Loma neighborhood was the joint property of two people once described as the perfect couple.

It normally would have gone to Scott Peterson after his wife's death. But under the state law, someone who murders a co-owner "has no rights by survivorship."

Following his murder convictions, Peterson retains his stake in the home, but his wife's half transfers to her mother, Sharon Rocha, attorneys specializing in probate and real estate law said. Last year, a judge appointed her administrator of Laci Peterson's estate.

(Excerpt) Read more at modbee.com ...


TOPICS: News/Current Events
KEYWORDS: childsupportavoider; conner; deathpenaltytime; getarope; laci; lacipeterson; peterson; sonkiller; wifekiller
The house is probably worth a little over 300,000 in today's market.
1 posted on 11/20/2004 6:23:37 AM PST by LouAvul
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To: LouAvul

Geez, but who would want to buy THAT house? It would be like living in the Amityville Horror.


2 posted on 11/20/2004 6:27:16 AM PST by wizardoz (straight, sedentary, and average)
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To: LouAvul
". But under the state law, someone who murders a co-owner "has no rights by survivorship."...Following his murder convictions, Peterson retains his stake in the home...."

How can both statements be true?

3 posted on 11/20/2004 6:28:30 AM PST by Bahbah
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To: LouAvul

It's appraised at $199,000


4 posted on 11/20/2004 6:30:43 AM PST by stopem
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To: Bahbah

The house is half his. They are referring to Laci's half. He retains interest in HIS half, but he is not granted her half of it.

Make sense?


5 posted on 11/20/2004 6:32:49 AM PST by twinzmommy (Gen X-er and proud of it!)
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To: wizardoz

Oh the memories of that book! Wow!


6 posted on 11/20/2004 6:33:10 AM PST by Raffus (Thanks to all Veterans for their service to our Country.)
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To: twinzmommy

Yes, it does. I also have twins, BTW. Isn't it the most fantastic thing!


7 posted on 11/20/2004 6:34:36 AM PST by Bahbah
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To: Bahbah
How can both statements be true?

Because, contra the feminist-inspired claptrap in the headline, the house wasn't "hers" ... it was "theirs". And foul, convicted murderer or no, he still holds half ownership of the house in his own right. What's at issue is the disposition of her half ownership.

8 posted on 11/20/2004 6:35:47 AM PST by ArrogantBustard
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To: LouAvul

I say the house and all Lacis property should automatically go to Lacis family. End of story.


9 posted on 11/20/2004 6:36:47 AM PST by SunnySide
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To: LouAvul

Perhaps the mother should sue Scott for civil damages, get a judgement, and take his half that way.


10 posted on 11/20/2004 6:36:51 AM PST by Atlas Sneezed (Your Friendly Freeper Patent Attorney)
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To: wizardoz
Geez, but who would want to buy THAT house? It would be like living in the Amityville Horror.

On one hand, living in a haunted house can be interesting. On the other hand, at times it scares the he** out of you.

(I grew up in a haunted house - HONEST)

11 posted on 11/20/2004 6:38:15 AM PST by Condor51 (May God have mercy upon my enemies, because I won't. - Gen G Patton)
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To: LouAvul

Do I care? This Peterson, Kobi, OJ stuff is a waste of bandwidth. Just a bunch of pathetic soap operas.


12 posted on 11/20/2004 6:43:55 AM PST by Cobra64 (Babes should wear Bullet Bras - www.BulletBras.net)
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To: Bahbah
It must be some quirk in the California law. In this state, if a husband murders his wife, he gets nadda in a jointly held home. The slayer's act says that for purposes of inheritance, the slayer is deemed to have predeceased his victim. That being the case, the house would have passed to the wife by his "deemed" predecease.
13 posted on 11/20/2004 6:44:50 AM PST by Centaur (Never practice moderation to excess.)
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To: LouAvul

in san diego county the mass suicide of that cult prompted one community member to buy the house + bulldoze it.


14 posted on 11/20/2004 6:47:28 AM PST by ken21 (against the democrat plantation.)
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To: Centaur
"In this state, if a husband murders his wife, he gets nadda in a jointly held home."

That is my understanding of the law in my state as well. However, I expect Mark "I don't do Fridays" Geragos to fight tooth and nail for every cent he can get out of this.

15 posted on 11/20/2004 6:48:32 AM PST by Bahbah
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To: wizardoz

I don't know but with a coat of paint, new carpet and some airing out, it might be a great bargain. I guess I must not believe in lingering evil because that kind of thing would not bother me at all.


16 posted on 11/20/2004 6:53:51 AM PST by cajungirl (Kerry:Bad for Geese, Bad for America)
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To: LouAvul

No doubt Geragos has first dibs on any profit from the sale.


17 posted on 11/20/2004 7:03:20 AM PST by Let's Roll (For a guy who shirked his own job, Kerry sure was eager to tell others how to do theirs ...)
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To: Condor51
On one hand, living in a haunted house can be interesting. On the other hand, at times it scares the he** out of you.

When my wife and I were first married we lived in a little rental house that was one of about ten little two-bedroom rental places in a modest street in Dover, Delaware. Several years earlier, a young man had been murdered--shot dead--in the closet of one of those houses, although we didn't know exactly which one it was. Ironically (or perhaps not, depending on your perspective) I had known the young man growing up, although I'd never associated with him after high school.

In the living room of this little house I had a bookcase with about sixty or seventy books, covering various subjects. One night my wife had gone to bed early, and I thought I'd do a little reading. I went to the bookcase and selected a book, walked back to the sofa, which stood opposite the bookcase, then sat down to get comfortable.

About twenty seconds later, a little white Bible that stood in the bookcase came shooting straight out and landed on the floor about eighteen inches away. It didn't drop out. It literally leaped out, as if someone had tied a string to it, and given the string a yank.

It's been nearly 30 years, and I still get the willies whenever I think of it.

18 posted on 11/20/2004 7:11:44 AM PST by Mr Ramsbotham (Laws against sodomy are honored in the breech.)
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To: Condor51
On one hand, living in a haunted house can be interesting.

I like my houses boring, personally. Quiet. Boring. No gruesome history. No weird noises or smells. No one driving by and pointing.

19 posted on 11/20/2004 7:15:24 AM PST by wizardoz (Arafat's funeral was the Wellstone memorial, with guns.)
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To: wizardoz
Geez, but who would want to buy THAT house? It would be like living in the Amityville Horror.

Without being uncharitable to Californians, let me just say that finding a buyer will be no problem.

20 posted on 11/20/2004 7:16:35 AM PST by LouAvul
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To: Mr Ramsbotham
About twenty seconds later, a little white Bible that stood in the bookcase came shooting straight out and landed on the floor about eighteen inches away. It didn't drop out. It literally leaped out, as if someone had tied a string to it, and given the string a yank.

And by about twenty seconds after that, I'd be in the next county.

21 posted on 11/20/2004 7:18:38 AM PST by wizardoz (Arafat's funeral was the Wellstone memorial, with guns.)
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To: wizardoz
And by about twenty seconds after that, I'd be in the next county.

I immediately crawled into bed with my wife. However, I don't think I had anything to fear from that particular ghost--supposing he was my old school friend. We always got along fairly well. He got in with a bad crowd after high school, which led to his death, so perhaps he was trying to tell me something!

22 posted on 11/20/2004 7:23:40 AM PST by Mr Ramsbotham (Laws against sodomy are honored in the breech.)
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To: wizardoz

I like my houses boring, personally. Quiet. Boring. No gruesome history. No weird noises or smells. No one driving by and pointing



amen, life is filled with enough horror stories.


23 posted on 11/20/2004 8:29:05 AM PST by SunnySide
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To: Bahbah
He retains his stake in the house but has no survivorship rights, i.e. he doesn't inherit his deceased wife's half.
24 posted on 11/20/2004 8:39:09 AM PST by El Gran Salseron (My wife just won the "Inmate of the Month" Award! :-))
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To: Bahbah

Hehheh sure is :) Mine are 9. . girls. . .fraternal :)


25 posted on 11/20/2004 9:28:26 AM PST by twinzmommy (Gen X-er and proud of it!)
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To: Bahbah

Simple. Scott and Lacy started out with equal, undivided interests in the house. If Scott had not murdered Lacy and she'd died in childbirth, her undivided half interest would have passed to him and he'd have title to the entire house, subject to any encumbrances (mortgages, etc.) that had been put on the house. Since he murdered her, the law prohibits him from receiving that undivided half interest and it passes to her heirs, in this case, her parents.


26 posted on 11/20/2004 12:37:30 PM PST by libstripper
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