How do i transfer the house i live in into my name?

Question

My home is in my husbands name who died. He didnt leave a will. What can i do to put it in my name?

Answer 1

If you are in the UK, you will have to get letters of administration to be able to settle your husband's estate, as a house is involved, and you will probably have to employ a solicitor. Where an estate is worth very little, Banks, etc, may just take the death certificate as proof. Check out hmcourts-service.gov.uk, and look for Probate Office.

Answer 2

The estate of people who don't leave a Will is subject to something called Probate.
This is an automatic legal procedure which shares out the estate in an even-handed way to all dependants. Note the "even handed". This means that some relatives whom the deceased may have hated will still get a share.

The house will default to the spouse. If you die without leaving a Will (intestate) then the house would be sold and shared equally amongst your children.

Have a look at the link to the Law Society article below. It's very clear and helpful.

Answer 3

In most states, the house (primary residence only) automatically goes to the spouse in the event of the death of the other spouse, even if a will was absent.

In the case of the primary residence, probate is usually NOT necessary when the persont that would receive the property is the surviving spouse.

This is NOT the case when the last parent dies without a will and the survivors are children (which requires probate)...these are very different situations and people need to be careful not to get the two confused.

I would take your marriage certificate and your husband's death certificate and take to a real estate attorney. He can prepare another deed and file it for you.

It should be of minimal cost (probably less than $100), so it will be worth it to make it legal.

There are special laws in place to protect a surviving spouse.

Answer 4

My condolences on your loss. You may want to check legal counsel for advice on this one. You don't reveal whether or not you and your husband, or your husband alone, have any living children.

An estate intestate (without a will) is distributed according to the laws of the land. Where I live, it happens that a surviving spouse only gets half of the estate, with the other half distributed evenly to surviving children.

You need to check the 'intestate succession laws' of the area in which you reside.

Answer 5

I'm sorry for your loss. The only way to transfer property when a person dies without a will is to go to the probate office and probate his estate. Unless he died with a lot of other assets and property, you can do this yourself. If he had assets in other states, you will have to open probate in each state where the property was located. The probate office is usually in the local courthouse (state not federal).

If you decide to get an attorney to help you, look for one who specializes in estates and trust.

Answer 6

See a solicitor - take your marriage certificate and his death certificate (plus your probate or grant of administration if you got one) - they can arrange to remove his name through the land registry.

A house in joint names goes automatically to the other party unless he left a will leaving it to someone else - you will not need probate unless the rest of the estate is over £15000.00 in the UK.

Answer 7

The probate judge will transfer ownership of any property owned by someone that died in accordance with state laws if there is not will.

Answer 8

I would contact your solicitor, although no will was in place you were married so that makes you his next of kin, contact a solicitor that deals with probate issues for advice, they will be able to draw up any documents that are needed.