Do I have rights to the house if something happens to my husband?

[Swoozie-Q]

My husband and I are purchasing a house from his parents. We've been paying them "mortgate" payments for 3 years now. We're in the process of having my Husband's name put on the deed with his mother. My name will not be on the deed. I asked my husband...what happens if something happens to you, I'll have no legal right to the house. He says I should have no rights to the house because his parents are giving HIM a gift (holding the mortgage and saving us the interest) not ME a gift. I work full time, I run my own business...I pay half the bills for the house, is it right that I have no legal right to the house if something happens to him? Also...what happens if we end up divorcing before the house is paid off, will I have no rights to it? We're basically redoing the entire house, gutting all the rooms and redoing them, If we divorce before the house is paid off, shouldn't I get something for all the $$ we put into improving the house? I don't think divorce will happen, but you never know. I'm more concerned about if something happens to him I don't want to lose the house, and all the time and $$ we put into it to make it nice.

Any advice/suggestions would be EXTREMELY appreciated. I don't want to be taken advantage of.

Thank you!!!
Suzy
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11-14-2000 07:46 AM IP: Logged

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

You might be entitled to reimbursement but I don't think you would be entitled to a portion of the house. The problem, as you mentioned, is the title is not in your name. Are the mom and your husband tenants in common? Or joint tenants? Because if tenants in common, and husband dies, you get half the house unless he disposed of it some other way via a will.

 

[CitrusSunshine]

Something to think about ---

You are correct in that if you are not on the deed then you will not have any interest in the house, unless you document if very very carefully but having any funds you put into the house come from a separate account in your name only. This does not sound like the best of interest in a long term relationship much less a long term marriage. As the law student stated if the deed is structured tenants in common - and your husband's Will states you are entitled to his interest then it is okay. But as it stands now - you will not legally have any interest in this house whether your husband dies or any of the named owners die - Sorry to be so blunt but it does not sound as if your inlaws are on your side or your husband. Good luck.