we've been married in CA for 4 years. I am beneficiary for the life ins. that would go directly to pay for our home but I'm not on the deed for the house he's lived in for 20 yrs. i'm told he just hasn't gotten a round tuit. i'm worried if I lost him "tomarrow" I would also lose my home to ...god knows who, because my name is no where on the deed.
I just want to know what my rights are as his wife and if I can be ok although he's dragging his feet. he has two adult children and an ex-wife. are they entitled to my home? i'd appreciate any encouragement anyone can offer. this is a constant worry for me, and a very shaky subject when we discuss it .
2006-09-15 09:33:37 · 9 answers · asked by paula_swisher 1 in Business & Finance ➔ Personal Finance
You will, of course, need to check this out with an attorney, etc. However, I believe that if he died without a will you would be considered his next of kin (before the kids) and would inherit everything. However, the entire estate would have to go through probate with the state, which would be much more expensive than having your name on the deed and his wishes spelled out in a will.
2006-09-15 09:38:01 · answer #1 · answered by pag2809 5 · 0⤊ 0⤋
Thats probably a question for an attorney that practices real estate law in CA. Each state has their own laws with regard to property rights and rights of survivorship. For instance, in NC, the moment you're married, everything is 50/50, no matter what the deed title says. But, it is different everywhere. Get with an expert (not yahoo answers - no offense!) and make sure the deed, wills, etc are in order. Sure, its a shaky subject, but you know what? Everyone dies. So you have to plan for it whether or not its fun. I'd rather make sure my family is secure now, instead of hoping everything works out. A lot of families are torn apart from disputes over estates. Talk with your family and friends, and get a referral for a good attorney that specializes in this. Good luck!
2006-09-15 09:40:11 · answer #2 · answered by abcdgoodall 4 · 1⤊ 0⤋
I would look into having a Transfer on Death Deed done. If you have a TOD Deed, you would get hte property when your husband died. You most likely would anyway, but doing a TOD Deed makes it easier.
2006-09-15 09:36:00 · answer #3 · answered by bmbg2577 3 · 1⤊ 0⤋
You are entitled but to what degree only a lawyer can tell you.. Just have your husband do a "Quit Claim Deed" to you. Simple.
2006-09-15 09:43:26 · answer #4 · answered by FrogDog 4 · 0⤊ 0⤋
Get your name on the deed to save a lot of legal b.s. God forbid, if he does die, you, the ex, and the kids are gonna be wrangling over it.
Tell him you need it done for your peace of mind and security.
Make SURE you get it as Joint Tenants in Common, that way his ownership of the house transfers directly to you.
2006-09-15 09:41:00 · answer #5 · answered by Anonymous · 1⤊ 0⤋
Get him to fill out a simple "will" at least. he should be concerned about you if something happens to him.
2006-09-15 09:43:16 · answer #6 · answered by Annie R 5 · 0⤊ 0⤋
It is possible that he intends to leave the house to his children and not to you.
2006-09-15 09:52:18 · answer #7 · answered by jack b 3 · 0⤊ 0⤋
yes
2006-09-15 09:40:59 · answer #8 · answered by Anonymous · 0⤊ 0⤋
This is big money...go ask a lawyer.
2006-09-15 09:36:11 · answer #9 · answered by Anonymous · 0⤊ 0⤋