Home Ownership

What is the name of your state? CA

My boyfriend and I just purchased a home, both our names on the title. We plan on getting married later this year but if he should die, would 1/2 the house automatically go to his son? His son is his only heir. Would his ex wife have rights to the house on behalf of their son? He would like his son to get something if he should die (before or after our marriage.) Would a Will be the route to go to ensure I stay in the house?

We plan on getting married later this year but if he should die, would 1/2 the house automatically go to his son?

Is your cooking that bad?

His son is his only heir.

So far so good.

Would a Will be the route to go to ensure I stay in the house?

Why would that be a problem? you are on the deed correct? Then HOW are you on the deed?

And set your mind at east. You can knock off the guy and his ex won't get a penny.

[HomeGuru]

Originally posted by carol1md
What is the name of your state? CA

My boyfriend and I just purchased a home, both our names on the title. We plan on getting married later this year but if he should die, would 1/2 the house automatically go to his son? His son is his only heir. Would his ex wife have rights to the house on behalf of their son? He would like his son to get something if he should die (before or after our marriage.) Would a Will be the route to go to ensure I stay in the house?

**A: tell us what the deed states as far as tenancy. The tenancy is either joint or in common.

[nextwife]

Example: I owned the house before we married, but we agreed it is seperate property and will remain in my name and I will continue to make all the payments. WE chose to have it pass from me to a trust for my daughter if I die, BUT, my husband will have a "life estate", so she (the trust) doesn't actually get to take or sell the house (who'd want it with the life estate?) until HE dies.

As there are children from a previous marriage, it is important to see an estate planning attorney to plan for each of your interests, and those of any children.

(My cooking is bad).

I will find out if the deed is "joint tenancy" or "in common". I'm embarrassed to say I don't know. Which should it be to ensure full rights?

In my name. I'd let you live there but I wouldn't come for dinner.

[JETX]

"if he should die, would 1/2 the house automatically go to his son?"
*** Obviously, there are several answers to this question.

Without will:
1) If he dies BEFORE you are married:
a) If the property is in JTROS (Joint Tenant, Right of Survivor), property ownership would transfer to the remaining person(s) on the title.
b) If the property is NOT in JTROS, all of his percentage ownership would go to his estate.
2) If he dies AFTER you are married and title is JTROS, same as 1a above.
a) If he dies AFTER you are married and title is NOT JTROS, then his full percentage goes to his estate in which case you get 1/2 of his 1/2 (1/4) and the other 1/2 of his is distributed to survivors per state intestate laws.

With Will:
Pretty much same as above, except 2a.
With a will, his 1/2 of the ownership will be distributed according to the will.

"His son is his only heir. Would his ex wife have rights to the house on behalf of their son?"
*** Very likely, as guardian.

"He would like his son to get something if he should die (before or after our marriage.) Would a Will be the route to go to ensure I stay in the house?"
*** See above for ownership distribution. One problem with ALL of these though..... anytime that you have mulitple persons on a title, any of them can simply file a lawsuit to partition the property.

Thanks JETX. I have no problem with his son inheriting his share, my concern is that I would be forced to sell to distribute the estate. I called the escrow company and am waiting for a call back. I assume that I want Joint Tenancy with Right of Survivor as opposed to Tenancy in Common.