The deed to our home is in my husbands name only. Could I stay there if something happened to him?

Question

He does have 2 children from a previous relationship.

Answer 1

You are the next of Kin..unless his Will says something different Then you can stay

Answer 2

It depends if he purchased the home before your relationship began. If he did, then If something happened to him unless it is stated in his will, the home would become simply an 'asset' to be divided between his children.

As wife you would be due certain respects financially however I wouldn't assume the house would be an automatic assumption. It would depend also on the size of his estate.

I am sure a lawyer would be able to answer your questions more accurately. If I were you I;d speak to your husband and have the will state that you are able to live in the home in the event that something were to happen to him. I know my nana's bf had that written in his will and his children had no option but to accept it.

Answer 3

the superb ingredient to do is assemble each and all of the suggestions you could and get 3 or 4 loose consults with legal experts. i'm able to work out the perspective that the abode could be retroactively willed on your husband which will defacto chop up it with you. it form of sounds like a protracted shot even with the incontrovertible fact that; maximum issues won't be in a position to be performed retroactively; i.e. you may could probate the abode earlier the record for separation. additionally, there is an rather particular exemption in divorce regulation wherein inheritance isn't seen a martial asset (and not chop up in divorce), yet once you the two lived interior the abode for ~ten years after it replaced into willed to him that could make it a martial asset lower back. it is going to likely be complicated and the end result would be counted on your state's regulations and the competency of your criminal expert.

Answer 4

It depends on a lot of things.

One, it's possible that your state laws are such that the property automatically becomes yours, no matter what the Will says, no matter when he acquired it. That's "dower". Some states don't have it, it may or may not matter when it was bought.

Two, it's possible he has a will that says you get it.

Three, the state laws of Intestacy, if he doesn't have a will, may say you get it, but may provide a share to his children that means you can stay there for the rest of your life, but if you move out or die, it reverts to his kids.

You need to talk to him about it, and if he wants you to have it, put your name on the house with a new deed from him to the two of you, and he needs a will no matter what he wants to do about the house.

Answer 5

Are you in the U.S.? If so, then chances are you live in a community property state. Your name doesn't have to be on the deed for you to be entitled to half.

Answer 6

You need to have a will done. Is there something else your not telling us, that you think something is going to happen? Just make sure you get something in writing.

Answer 7

if you are speaking of death ,then yes you can unless he has a will ststing other wise but most of the time the next of kin would get every thing unles he states other wise in he will

Answer 8

it depends on if the house was acquired during the marriage and you are his wife and technically if something did happen to him the house would be yours anyway unless other wise specified

Answer 9

why don't he make a "Will" and make sure you are taken care of? chances here are 50 / 50 so you need to talk to him about putting something in writting about that fact. why is it only in his name?

Answer 10

he needs to have a will otherwise you could spend lots of time fighting in court with his family,