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Additional Details
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marz1 | The house title is in my husband's name? |
so that means that I don't own the place?? what happen if he dies??
Additional Details
the house was bought when we got married, but he is only in the title.I'm in MS. |
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credible_bulk
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You own half of it. If he dies or is killed it goes to you. What are your intentions? |
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RunAmuk4Fun
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It depends on where you live. The state laws will determine what happens to it should he pass away.
What you will want to do as ask to be added as the primary beneficiary on the house. It might also be called a joint tenancy". This way - it will automatically revert to you upon his death.
However, be aware that if you do not live in a community property state and you get divorced - he might not have to share the property with you in a settlement.
Might be better to get added to the title. |
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Big daddy
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to be honest, you need to speak with an attorney in your state. Your going to get many responses to this question that are state specific. Each state has their own rules about this type of situation. What concerns me about your situation is that if you are in a community property state and the property was purchased BEFORE the marriage and there is no will, you may not be entitled to anything. Without knowing the specific state you live in, it's difficult to give you a very direct answer. In NY for example, no, you do not own interest in the property, in FL, if the property is your primary martial residence, then yes, you own half, if not the primary residence, then no. In CA, if the property was purchased before the marriage, no, you have no interest, if after the marriage, then yes. Mind boggling isn't it. The best way to settle this, no matter the state, would be to have a quit claim deed completed by an attorney adding your name as joint tenancy in common, plus having a will drafted. Good luck |
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Matt K
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You are asking two questions. First, you MAY own a share of the place since you are married. It depends upon the marriage laws of your specific state.
Second, if your husband dies, and no one else's name is on the deed, then the house will go into his estate, where upon his will shall determine the beneficiary. If he has no will, then the probate judge will determine who owns the house, realizing that the judge might award fractional ownership to multiple people.
If there is another person's name also on the deed, then it depends upon the title of the deed. If he owns it as joints tenants with the rights of survivorship with another person, then when he dies the other person receives the entire house automatically, even if his will stated it shall go to you. The title on the deed supercedes a will if it is owned as joints tenants with rights of suvivorship.
You should immediately contact a marriage lawyer in your state to discuss whether you are protected by communal property laws. If not, then your husband needs to transfer title from just himself to him AND you, preferebly as tenants by the entirities (if your state allows it) or as joint tenants with rights of survivorship. |
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Answer Fairy
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Generally, it means that it will go to you upon his death. However, if he doesn't have a living will, then other people can challenge you for it. Tell your husband to make a will. You should make one, too. It depends on what state you live in, but more often than not, if there is no will, the wife automatically gets everything. |
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Ray
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A lawyer can write up the amendment to add you to title, provided it is free and clear.
Depending on which state you live in, in case of his death, you might assume all his assets. A probate issue. |
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gin_in_mi
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If you have a mortgage... and there is no mortgage insurance in place incase he dies.... they have the right to sell it out from under you.
Your hubby needs a WILL leaving things TO YOU.... better yet... file for a new deed adding your name... this may mean adding your name to the mortgage... not getting a new mortgage just adding you as his spouse and making you equally responsible for the debt.
I do think the will is the BEST thing todo... no matter what.. that way is estate dosen't have to go into probate.. which can tie it up for years and years!
hope that helps... |
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sarge927
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Don't panic just yet. In most states, if your husband dies and doesn't have a will everything automatically goes to you. The key there is that's the way it is in MOST states -- not ALL states. So the important thing here is that your husband should have a will made up if he doesn't have one already. The will should leave everything to you, unless he wants to make specific bequests to children or siblings (like leaving family heirlooms to brothers and sisters or leaving something special for sons and daughters). That'll DEFINITELY cover you. Of course, your husband could also have your name added to the title for the house, but again, if he leaves you everything in his will you get the house. |
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DeeDee
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if he dies without a Will, and the deed is in his name alone, then the wife gets half and his children get the other half. It doesn't automatically go to the wife.
You need a new deed prepared (quit claim) from your husband over to you and your husband as joint tenants with right of survivorship. |
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Landlord
 |
You did not state your location. In the US if he dies w/o a will the wife is the heir. In some countries this is not the case, the sons inherit, not the wife or daughters.
Don't worry, if he passes away it will not matter if you are on the deed or not. |
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Rain L
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He needs to create a living trust or a Will. Either one will point to who he wants to take possession of his estate when he die... |
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tag
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Mom just passed and her and I are on title and loan. She's the primary on the loan. Will the house go into probate and if it does can we still occupy the house? |
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