my boss and i are debating on this
2007-10-23 14:40:07 · 27 answers · asked by carla28al 2 in Family & Relationships ➔ Marriage & Divorce
No you would be sole survivor and inherit everything that he does not state in his will.
2007-10-23 14:42:17 · answer #1 · answered by nwnativeprincess 6 · 2⤊ 0⤋
In my state and every other one that I know of, your husband's kids could NOT force you to sell upon his death and would not even hold a legal interest in his "half" if you decided to sell on your OWN. Title (in other words, ownership) of the house passes by operation of law to you immediately upon his death -- meaning the house does not become part of his estate. For example, if he has a will leaving parts of his estate to his kids, that won't change the answer: the house, not being part of the estate, isn't subject to the will.
Keep in mind that the only way to get an answer you can legally rely on would be to consult an attorney licensed to practice in your state who is fully familiar with all of the facts surrounding your question.
ADDITION: I cannot agree with Loose Change, who writes above. Most states have laws prohibiting a spouse from redirecting an interest in their home away from the surviving spouse. In that case, even if the will said you lose the house, it would have no effect.
2007-10-23 21:47:55 · answer #2 · answered by JSKingston 2 · 1⤊ 0⤋
If he dies intestate (without a Will) then as his wife you get the home. If you both have a Will, then the Will will state who gets what and how much. One of the key clauses in a Will is that if one spouse should die before the other (as opposed to dieing at the same time, like in an accident), then it is typical that the spouse will give a certain percentage of the estate to the surviving spouse and usually a smaller percentage to the children and other kin. If you both make out a Will together, then you will know what is in it and will know exactly who gets what.
2007-10-23 21:47:26 · answer #3 · answered by Anonymous · 3⤊ 0⤋
Check with local state laws. But because you and him bought the house, the house resorts to you as full ownership. It was a partnership agreement between you and him. I am in the same situation. My children from a prior marriage cannot touch my house in the event that I should die, leaving my wife as the rightful owner. They have no legal claim.
If the house that I live in was first brought with my former wife, then the kids would have some legal foothold on which to contest the house. But as it stand, they cannot do anything.
2007-10-23 21:47:50 · answer #4 · answered by Tinman12 6 · 1⤊ 0⤋
If the kids are not yours there is a problem. If your marriage is registered marriage, probably you may have a share after the sale, provided your husband has not written any will in favour of his children. You have consult a legal advisor for any possible settlement. Before that I forgot to ask two more questions, who is living in that house and the house has got any loan repayment amount to the bank. Yours ,
vrvrao
2007-10-23 21:45:08 · answer #5 · answered by Raghavendra R 5 · 1⤊ 1⤋
You didn't say if the children are still in the home and it also depends on what state you are in, If the kids are over the age of 18 when you and your husband bought the house ,that is souly yours and his property,I would not think so regardless the state you are in.Id be asking my husband to get things in order way before you or him was to pass ,to make sure you will be secure.
2007-10-23 21:46:34 · answer #6 · answered by kitty jorden 3 · 1⤊ 1⤋
You do not say where you are from? Is your name on the home? Do you have a will? They cannot take something that is yours. I would get a will with survivor ship rights anyway though. If anyone dies without a will the state decides who gets what. I have never heard of a judge taking away your house and giving it to his children. If he already has a will and it says that his assets go to his children then maybe they can. I would look into this. Consult a lawyer to get a will.
2007-10-23 21:46:14 · answer #7 · answered by kim h 7 · 2⤊ 1⤋
As I recall the only way they can make you do that is if he doesn't stablishes the property on his will and they are looking for a way to get fast cash, but even then you would need to go to trial in order to determine if you are the sole beneficiary or if they can get some of the state
2007-10-23 21:51:17 · answer #8 · answered by mastermind2086 2 · 0⤊ 0⤋
If the house is in both your names, the children cannot have any part in it. Also if there is a will stating that the part that was owned by him goes to you, they can't touch it.
2007-10-23 21:42:41 · answer #9 · answered by RedRabbit 7 · 0⤊ 0⤋
Depends on how the house is owned. If it's Rights of Survivorship then the ownership passes to the surviving spouse.
http://wiki.answers.com/Q/If_your_spouse_dies_without_a_will_and_the_home_was_not_titled_in_both_names_will_the_surviving_spouse_become_the_sole_owner_of_the_property.
2007-10-23 21:58:39 · answer #10 · answered by Nandina (Bunny Slipper Goddess) 7 · 0⤊ 0⤋
Depends on the laws of your State.
Your husband should have a Certified and Registered Will with your State spelling out how he wants his belongings distributed and to whom.
2007-10-23 21:45:02 · answer #11 · answered by Tigger 7 · 1⤊ 1⤋