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Deed question

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dawnie2e9

Junior Member
What is the name of your state (only U.S. law)? Nj
My husband and I have been married for 3 years, but he bought the home we are currently living in while we were just dating. The deed and mortgage do not have my name on them, just his. I do not expect anything to happen to my husband anytime soon, but I am concerned that if something were to happen to him and my name is not on the deed, what happens to the house? He has two adult children, my relationship is good with one, and rocky with the other. Where do I stand with the home?What is the name of your state (only U.S. law)?
 


FlyingRon

Senior Member
Absent survivorship rights on the deed or a quite explicit will the laws of intestate succession apply. That typically means that you get half and the children get half.

The deed can be readily altered to joint tenancy with right of survivorship.

There's no overriding need to change the mortgage. Even if he were to die, if the deed conveyed to you, you could continue paying on the mortgage as if you were listed on it.
 

justalayman

Senior Member
and he could also write a will that would direct the house to you. I am sure there are other items he would like you to have as well and the only way to be certain you get those items, he must list them in the will. If he wants something specific to go to either of his sons, he would utilize a will for that as well.
 

nextwife

Senior Member
Option three: he could leave you a life estate, allowing you to remain, but granting ownership to his kids, to become fully theirs after your death.
 

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