Pre-Marital property?

[Mar63]

What is the name of your state (only U.S. law)? Illinois

My husband purchased a house before we were married. If anything should happen to him would the house default to me or is it premarital property unless my name is added? I pay the utilities (electric/gas, water, phone etc.) but not the mortgage, equity or insurance. We have separate checking accounts. I am asking because we attempted to sell and that fell through and now we are considering renting...

 

[latigo]

Since your husband purchased the property prior to marriage, it is classified by Illinois statutes * as his separate "non-marital" property.

In fact all states recognizes as sole and separate spousal property that owned prior to marriage, acquired by gift, devise or descent.

The only way you could acquire an interest is if were to deed you an interest.

It would not devolve to you simply by virtue of his death.

Sax

[*] 750 ILCS, 5 Section 5;03

 

[Ohiogal]

Since your husband purchased the property prior to marriage, it is classified by Illinois statutes * as his separate "non-marital" property.

In fact all states recognizes as sole and separate spousal property that owned prior to marriage, acquired by gift, devise or descent.

The only way you could acquire an interest is if were to deed you an interest.

It would not devolve to you simply by virtue of his death.

Sax

[*] 750 ILCS, 5 Section 5;03

If he has a will it might go to her. If he dies intestate it also might go to her depending on his other heirs. And if he is still paying on the house using his income a PORTION OF IT is marital for divorce purposes. Why she is worried about his death though is the question.