We own a property that has a joint mortgage.
2006-09-12 06:22:20 · 26 answers · asked by cfcf36 1 in Family & Relationships ➔ Marriage & Divorce
I think it will be you but you might get a better answer from a solicitor.
2006-09-12 06:24:24 · answer #1 · answered by fenlandfowl 5 · 0⤊ 0⤋
The property wil automatically transfer to you as the property will be owns as joint tenants. This means that you each own the whole of the property and so if the event of the death of either of you the whole property passes to the surviving joint tenant as it cannot be left in a Will anyway. The only way to change this is to sever the joint tenacy and be tenants in common where you will get half the house and your husband can leave his half to whoever he wants.
If he dies intestate (everyone should make a wil!!!) then you will inherit his share but the children may take youto court if he does not provide for them at all.
2006-09-13 03:01:09 · answer #2 · answered by Moth 2 · 0⤊ 0⤋
If you are in England and Wales, you need to check with the Land Registry whether you hold the property together as "joint tenants" or as "tenants in common". Now I know a lot of people will think "but they're not tenants they own it" but in this case the word "tenants" just refers to the legal way you own it. If you own it as joint tenants, if one of you dies, the other automatically becomes sole owner of the whole property, which cannot be left to any of the children in a Will. If you own it as tenants in common, either of you can leave your share to someone else. If your husband dies intestate, you inherit the first £125,000 of his estate, plus all his personal things like his clothes, jewellery, cars etc and after that the children get a share.
If your husband wants to ensure that after you have BOTH died, his children get his estate, he can leave you a LIFE INTEREST in his share - that means you are entitled to live there as long as you want to and the children can't force you to sell, but once you die, the children receive their inheritance.
If you own your house as joint tenants and want to be able to leave your shares as you wish, rather than automatically to each other, then you need to SEVER the joint tenancy so that you hold it from then on as tenants in common.
It is really important that you and your husband BOTH see a lawyer about this and make Wills that properly set out what you want to happen after your deaths. Everyone who marries should consider making a new Will even if they own very little. Have you considered for example, what you would each want to happen to your property if you both died together, e.g. in a car accident? Maybe he would want his children to have something while you would want your share to go to your parents or siblings rather than his children.
S.T.E.P. is the body that the best wills and probate lawyers belong to - look for this acronym in the Solicitors advertisements in the Yellow Pages.
I know making a will is expensive but it's so important, and compared to buying or selling a house, or going on holiday, it's really not that expensive.
2006-09-13 02:52:03 · answer #3 · answered by Specsy 4 · 1⤊ 0⤋
The spouse is considered the next of kin but obligations like support still effect the persons estate and are considered payable debts.
Children in some states can sue for a share of the estate but each state is very different on this.
If the child from the previous marriage is an adult they aren't entitled to anything unless there is a will. It will follow spouse and later to bloodline issue if there is no spouse.
2006-09-12 14:33:56 · answer #4 · answered by demarkation_line 4 · 0⤊ 0⤋
If the child is a minor.. the child , because he has to pay his child support debt, usually its arranged in the divorce papers that his life insurance plan goes to cover his remaining debt.. other then that its all in trusted to u.. unless ur husband specifically left things to his child in which case u'd both inherit at the same time..
2006-09-12 06:26:28 · answer #5 · answered by brwneyedgrl 7 · 0⤊ 0⤋
i think the parent of the child from the 1st marriage has the right 2 get u 2 sell and give his half to the child....i'd suggest putting a legal document 2gether stating what your husband wants 2 happen if anything does!!
2006-09-12 06:27:33 · answer #6 · answered by TrudyForest 2 · 0⤊ 0⤋
As far as I know the wife is the one that would get everything. But I would say if you get your wills done and each put in them what you want each person to get after you die, there should not be any problems when that time comes. Word by mouth can be a problem waiting to happen. Keep it legal and use a lawyer.
2006-09-12 06:32:01 · answer #7 · answered by solange 2 · 0⤊ 0⤋
In Illinois, The child from the first marriage can take you to court and MAKE you sell EVER thing and slit it 2 ways. That is if he does not have a Will.
2006-09-12 06:27:14 · answer #8 · answered by whataboutme 5 · 0⤊ 0⤋
The wife would most likely get it which is u.
Unless he has a will written down in the house that states it goes elsewhere.
U can write your own will these days and have family or friend sign it to witness u wrote it.
2006-09-12 06:25:33 · answer #9 · answered by sunflare63 7 · 0⤊ 0⤋
Does he have a will? Are you the beneficiary of his life insurance? All these things play a role in it honey. It also depends upon how long you've been married. If he has no will, more than likely it will be divided equally between you and his children.
2006-09-12 06:25:47 · answer #10 · answered by Hollynfaith 6 · 0⤊ 0⤋
You are going to have to check with an attorney or go to a legal help web site (most states have one) and check out the uniform probate code.
2006-09-12 06:51:30 · answer #11 · answered by acmeraven 7 · 0⤊ 0⤋