Would I get the house?

[tngirl911]

What is the name of your state (only U.S. law)? TENNESSEE
My apologies if I am not posting in right discussion. My husband has full custody of his two young sons and was awarded their home in a divorce about 7 years ago. He refinanced in his name only at that time and had her name removed via a quitclaim deed. We have been married about 5 years and I moved into the home with them at that time. Since stepparents have no real claim to their stepchildren and the law basically defines me as a legal stranger to them, in the event of their father's death I know they would be automatically given to their mother. I am not on the mortgage nor am I on the deed to the home. We never really thought about what would happen to children and home and all of our property if something were to happen to my husband but we are preparing to redo our wills as a married couple (I have two children from first marriage as well.) If I am not on the home's deed or mortgage - what happens to the home we share? Can he will the house to me? Is it assumed I will since I am his wife? Or will his ex-wife be able to move it since she will have the children? Thanks

[stealth2]

The house and the children are not in any way tied together. He can do what he pleases with the house.

[Ohiogal]

Originally Posted by stealth2

The house and the children are not in any way tied together. He can do what he pleases with the house.

There is more to it than that (you are correct that the children are not in any way tied to the house) HOWEVER I don't feel inclined to help this poster until she starts telling the truth.

[IsabellaSoriano]

Originally Posted by Ohiogal

There is more to it than that (you are correct that the children are not in any way tied to the house) HOWEVER I don't feel inclined to help this poster until she starts telling the truth.

husband won't put his wife on the deed....hmmm...interesting....

[Ohiogal]

Originally Posted by IsabellaSoriano

husband won't put his wife on the deed....hmmm...interesting....

What is really interesting is they both were married to the same person in prior marriages... And the fact that she is now asking what happens if current hubby kicks off? A bit preoccupied with death. Wonder if she has life insurance on hubby.

[perroloco2]

Clear-cut evidence that we all have a double somewhere in this world!!!

[url]http://forum.freeadvice.com/wills-trusts-estate-planning-113/who-will-get-house-471560.html[/url]

[Ohiogal]

Molly2852
Junior Member Join Date: Jun 2009
Posts: 1

Who will get the house?

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What is the name of your state (only U.S. law)? TN
Hello - I married a man about 5 years ago with children that he has custody of. Their mother is pretty much absent but not in the legal sense. After his divorce he refinanced in his name only and they signed a quitclaim deed to remove her from the house. I moved into his home when we married. We have never gotten around to getting my name on the deed nor refinanced (again) to include me. We have been talking about the need for a will for all 4 of our children (his 2 and my 2). Since I am the stepparent I know I am considered nothing more than a legal stranger to his children and will have absolutely no rights to them if he were to die before they are adults. In the event of his death what happens to the home that we now consider ours? Tennessee is not a community property state but I do know that inheritance laws do provide for me a share of his estate. If the children are with their mother and they also inherit would she get to ultimately move in to the house and send me packing?

Hey Tngirl try to at least be honest.