2007-01-10 13:13:59 · 11 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
Not neccessarily. You need to have a will. When my grandmother's husband died he did not have a will and his house was in only his name. She went to stay with her sister for a week, and when she got back his children had changed the locks and thrown away all of her things. He would not have wanted this, but in the will he had (20 years old) his children got the house. They were nasty people. Good Luck to you.
2007-01-10 14:07:54 · answer #1 · answered by Charlie 2 · 0⤊ 0⤋
If the house was aquired while they were married, then half of the house will be the surviving spouse's without question, as well as half the marital assets. But, depending the state, the other half may or may not be the surviving spouse.
In Texas, the surviving spouse, also considered the next of kin, would get everything. Without a will in Texas, all property goes to the next of kin. In my case, all my assets would go to my parents to hold in trust until my children are 18.
So, nationally, it would be guaranteed that 1/2 the house would go to the surviving house if it was purchased during the marriage. Depends on the state how the rest is worked out.
2007-01-10 22:26:21 · answer #2 · answered by ? 5 · 0⤊ 0⤋
It will have to be done through a will. Usually, when the spouse's name is not on the deed, it's because they signed a "quit claim". The person would have to name the property to the spouse though a will that has been drafted by an attorney.
2007-01-10 21:18:57 · answer #3 · answered by Royalhinney 7 · 0⤊ 0⤋
It depends on the laws of the state where you live. A surviving does not automatically inherit the property by default. It would also depend on if there was a will or a trust agreement.
2007-01-10 21:38:14 · answer #4 · answered by Le_Roche 6 · 0⤊ 0⤋
That would depend on what the deceased spouse's will said about the house and what state they live in.
2007-01-10 21:51:13 · answer #5 · answered by Anonymous · 0⤊ 0⤋
I believe if the house was bought after the marriage it would belong to the spouse. You are the one who would get every thing!
2007-01-10 21:59:39 · answer #6 · answered by littlegoober75 4 · 0⤊ 0⤋
Only if the surviving spouse is his beneficiary
2007-01-14 18:09:22 · answer #7 · answered by tootsie38 4 · 0⤊ 0⤋
This is way couples need to have a will! His family members like, his children from a previous marriage can fight for his property.
2007-01-10 21:27:08 · answer #8 · answered by Ms Pollyanna 6 · 1⤊ 0⤋
I agree with the first answer. Depends on the state you live in.
2007-01-10 21:20:07 · answer #9 · answered by Justaskingquestions 2 · 0⤊ 0⤋
It depends on the laws of the state they are in.
2007-01-10 21:17:54 · answer #10 · answered by sherockstn 4 · 0⤊ 0⤋