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Spousal rights to marital homestead in FL

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newwifefl

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

I live with my husband in a home that I have owned for many years before we were married. We now jointly pay the mortgage on it, but house is still only in my name.

My husband has kids from a previous marriage and I dont have any children. I would like to protect at least a portion of the homes value and make sure that it passes on to my nephews if something should hapen to me. I think it would be very unfair if my husbands children were to inherit my house one day with nothing going to anyone on my side of the family.

Can some one please explain how the law would generally apply to this situation if I were to pass first. And then what I should do to make sure some interest in the house stays on my side of the family. Thanks in advance for your help.
 


BlondiePB

Senior Member
What is the name of your state (only U.S. law)? FL

I live with my husband in a home that I have owned for many years before we were married. We now jointly pay the mortgage on it, but house is still only in my name.

My husband has kids from a previous marriage and I dont have any children. I would like to protect at least a portion of the homes value and make sure that it passes on to my nephews if something should hapen to me. I think it would be very unfair if my husbands children were to inherit my house one day with nothing going to anyone on my side of the family.

Can some one please explain how the law would generally apply to this situation if I were to pass first. And then what I should do to make sure some interest in the house stays on my side of the family. Thanks in advance for your help.
Without a will, your house will pass entirely to your husband who can do with it as he wishes. See an estate attorney, have the estate attorney draft a will (and other documents: advance heath care directives, durable POA, trust if you want to do one), and ask about a life estate for hubby.

Life estates allow the surviving spouse to live in the home until the surviving spouse's death/no longer lives in the home. Then the home passes to your heirs (nephews). Also have the attorney draft the same documents (less life estate) for hubby.
 

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