housing concern

[dgreene]

Indiana. My husband and I have been married for a year. We are living in the home he had before we were married. I had a home before we married and for financial reasons we reifinanced the home in his name and deeded it in both of our names. This house is for sell and we close next week. If my name is not on the house we are living in what legal rights do I have if we get divorced or he passes away. If it makes a difference we have both been married before and have children from those marriages, they are all grown except for my youngest who lives with his father and we will not have any together.

[seniorjudge]

Q: If my name is not on the house we are living in what legal rights do I have if we get divorced or he passes away.

A: Without knowing a whole lot more facts, we couldn't even begin to guess what you'd get in a lawsuit. If he dies, you MAY get what is set out below:


Indiana Intestate Succession Laws

If any part of an Indiana decedent's estate is not effectively disposed of by will, the intestate share will be distributed in the following order and manner:

1. Surviving spouse. A surviving spouse is generally first in line to get any assets from the intestate estate. However, the amount a surviving spouse is entitled to varies as follows:

* A surviving spouse is entitled to the entire intestate estate if the decedent is not survived by issue or a parent.
* If the decedent is survived by at least one child or by the issue of at least one deceased child, the surviving spouse is entitled to one-half of the net intestate estate.
* If the decedent is survived by no issue, but the decedent is survived by at least one parent, the surviving spouse's share is three-quarters of the net intestate estate.

Under a special provision, if the surviving spouse is a second or other subsequent spouse who did not at any time have children by the decedent, and the decedent left surviving him a child or children or the descendants of a child or children by a previous spouse, such surviving second or subsequent childless spouse gets only a life estate in one-third of the lands of the deceased spouse. At the time of decedent's death, full ownership (in fee) of such lands vests at once in decedent's child or children, or the descendants of such as may be dead (subject only to the life estate of the surviving spouse). The second or subsequent childless spouse does, however, receive the same share of decedent's personal property as outlined above for surviving spouses generally.

2. Heirs other than surviving spouse. Any part of the intestate estate not passing to the surviving spouse as indicated above, or the entire intestate estate if there is no surviving spouse, passes as follows to:

1. Decedent's children, with the issue of a deceased child splitting the deceased child's share.
2. If there is a surviving spouse, but no surviving issue of the decedent, then to decedent's parent or parents equally.
3. If there is no surviving spouse or issue of the decedent, to decedent's surviving parents, brothers, and sisters, with the issue of a deceased sibling splitting the deceased sibling's share. Each surviving parent is entitled to the same share as a brother or sister. However, a parent's share shall not be less than one-fourth of the net estate.
4. If there is no surviving parent or sibling of the decedent, to the issue of decedent's brothers and sisters. If the distributees are all in the same degree of kinship to the decedent, then all take equally (otherwise, those of more remote degrees take by representation.
5. Decedent's grandparents equally.
6. Decedent's uncles and aunts, with the issue of a deceased aunt or uncle splitting the deceased aunt or uncle's share.

3. State of Indiana. If there is no taker under any of the above provisions, the intestate estate passes to the state of Indiana.

Indiana Intestate Succession Law Fun Facts

* Relatives of the half blood inherit the same share they would inherit if they were of the whole blood.
* A person who abandons his or her spouse without just cause is prevented from later receiving assets from the abandoned spouse's intestate estate. Similarly, a person who leaves his or her spouse and shacks up with another (i.e., commits adultery) at the time of the abandoned spouse's death cannot receive anything from the estate.
* Indiana's intestate succession laws, as well as other related laws, can be found in Title 29 of the Indiana Code.



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[Ohiogal]

With all these questions, are you thinking of killing him off or does he have a terminal disease? If you kill him you get nothing by the way.

[soon2bstep]

that's exactly of what i was wondering?!
i think she is wondering, will she have to split the proceeds(if there are any left) with the husbands children maybe?

[LdiJ]

Originally Posted by soon2bstep

that's exactly of what i was wondering?!
i think she is wondering, will she have to split the proceeds(if there are any left) with the husbands children maybe?

I think that she has some legitimate financial concerns. They both owned houses prior to marrying, and for unknown reasons she gave him half ownership of hers, but apparently she does not also have half ownership of his.

Personally, I would not have done that, and at this point I would be insisting on keeping at least 1/2 of the proceeds from the sale of my former home, in my own name, in my own separate account.