2007-11-02 07:29:22 · 9 answers · asked by geocomer 1 in Business & Finance ➔ Renting & Real Estate
depends on the state you live in and if you have a will and an executor. Without, she will probably qualify as executor and beneficiary of your estate along with any children you may have.
2007-11-02 07:33:18 · answer #1 · answered by wizjp 7 · 0⤊ 0⤋
That will depend on the state you are in and whether or not you have a will. It is the best to have a will. Otherwise, it can be time consuming, difficult and expensive to settle an estate. Also in some states if you die without a will your spouse has to sue to get anything - those are states without "survivorship" laws. If you leave the house to your spouse, they will get it unless it is in foreclosure already or unless there is a restriction on the ownership (usually only true for condos or apartments where a committee must approve new owners). Restrictions on ownership are rare these days since they tend to violate the Fair Housing Act. Leave the house to your spouse in a fully and properly executed will that has been made in the same state you are living and the house is located.
2007-11-02 08:17:43 · answer #2 · answered by Amy R 7 · 0⤊ 0⤋
It depends on a lot of things. State laws vary but most have what's called courtesy and dower rights, meaning the spouse has some interest in the property whether on the warranty deed or not. But if you don't have a will, whether or not you have children makes a difference too.
You should check with a lawyer to make sure your property is distributed as you want and that you've provided for your wife in the case of you demise.
2007-11-02 07:43:45 · answer #3 · answered by Debdeb 7 · 0⤊ 0⤋
Why is her name not on the deed? Did you acquire the property prior to marriage? How have you handled the property since being married? Do you have children from a prior marriage? Lots of questions to be answered.
In general, your spouse will not be left out of your estate. Decide what is your intent now and let it be known in your deed and will.
2007-11-02 07:38:02 · answer #4 · answered by William H 5 · 0⤊ 0⤋
NoOOOOOO, I just went through this. It will not always go to her. If you have children there will be a long battle. It only takes a bit to add someone to the deed. Do it and there will no hassles.
2007-11-02 07:35:24 · answer #5 · answered by New Nana 4 · 0⤊ 0⤋
Depends on the state.
In Michigan, the wife is always entitled to the house. Not the same for the husband.
2007-11-02 07:32:46 · answer #6 · answered by Gem 7 · 0⤊ 1⤋
In KY the wife gets everything unless you have a will stating otherwise
2007-11-02 07:35:31 · answer #7 · answered by meg_22ky 2 · 0⤊ 0⤋
I think that is what you need a Will for. To make sure what you leave behind gose to who you want it to.
2007-11-02 07:47:26 · answer #8 · answered by Anonymous · 0⤊ 0⤋
No, i don't tink so.
2007-11-02 07:32:47 · answer #9 · answered by horsegirl s 1 · 0⤊ 1⤋