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  1. #1
    dasani63 is offline Junior Member
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    what happens to our home if spouse dies and I'm not on the mortgage/deed?

    I recently remarried (4 yrs ago) and moved into my husband's home. The house is in his name only. We have one joint checking and joint savings account (in both our names). All of our income gets deposited into these accounts and we pay all of our bills out of these accounts (mortgage, vacations, furniture, groceries, child support, home renovations, auto leases, insurance, etc.).

    If my husband predeceases me what happens to our home given that my name is not on the mortgage or the deed? Am I financially responsible for continuing to pay the mortgage? (I could not afford to do so on my own) Could I legally sell the house if it's not in my name??

    We have no prenuptial agreement. My husband has no plans to put my name on the mortgage or deed (and given that I had to file bankruptcy after my divorce it's probably not a wise move for him credit wise to do so?)

    My husband is healthy and will hopefully outlive me by many years, but this is something that concerns me a great deal. Hope someone can give me some sound advice! Thanks!What is the name of your state (only U.S. law)?
  2. #2
    dasani63 is offline Junior Member
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    forgot to mention that we live in RI
  3. #3
    dasani63 is offline Junior Member
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    also forgot to mention that we have no wills. sorry, first post here!
  4. #4
    penelope10 is offline Senior Member
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    You need a will or trust that outlines how funds are to be distributed at the time of either of your death. Do you or spouse have children from a prior relationship? Do you have other living relatives? Because these individuals are also considered heirs to the estate. Talk to an attorney that specializes in estate planning. Often attorneys will provide a low cost or free consultation.
  5. #5
    Ohiogal is offline Senior Member
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    If you don't have a will it passes by intestate succession. What you would be entitled to depends on whether you have children with him, he has children that are not yours and a variety of other things.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  6. #6
    nextwife is offline Senior Member
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    You ALSO need to look out for your future out of your income. Are you contributing to a 401K sufficiently? Do you have life insurance that you have purchased, so that if hubby dies and his kids get your residence you have enough to buy yourself a place? Have you kept your PREMARITAL assets seperate so they remain yours? Maybe buy a 1 or 2 family investment property - it will eventually provide income AND you could reside in one unit yourself if he predeceases you and that results in his home, or a portion of his home, going to his kids.

    Do NOT sit back and simply wait for him to provide your future. Plan for your own future.

    Be proactive and do what you would have needed to do if you HADN'T married him: plan and act.
  7. #7
    dasani63 is offline Junior Member
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    Yes I do have life insurance (we both do) and I contribute to a 401k. He has no children. I have two from previous marriage. I had no premarital assets as I was renting an apartment and had to file bankruptcy before we married. Purchasing an investment property is not something I can afford to do at this point. Thanks to all who replied.

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