property question

[Bomorris]

I live in Delaware, recently married (9-1-01) after living with a man for 2 years. He has two grown children from a previous marriage, I have none. Shortly after our marriage he signed his deed over to us jointly (in it's entireity sp?). He owns a couple of acres with an older mobile home on it. The deed listed property only, but mobile has been there 20 years. His children have decided they are upset by this turn of events and want me to sign my rights away, I refused. Could he bypass me in his will even tho' he has signed this deed? Am I, as his spouse and joint owner, the one with the rights to this property in the event of his death. I want to make my own will and leave everything to his kids in the event of my own death, but would like to know where I stand on this.
Thank you for your help.

 

[advisor10]

2-4-2002

DEAR BOMORRIS:

I am not familiar with Delaware law, but I did consult a reference book and it looks as if you are in very good shape.

You forgot to mention whether the mobile home is paid for and how much is it worth.

In any case, the spouse is required to be mentioned in your husband's will. Tenancy in common is presumed, so yes, as a joint owner, you would be automatically entitled to it, and might not even need to put it through the probate process, but you really do need to consult with a local attorney to find out for sure.

You need to get advice about whether the title to the mobile home also would need to be put in your name if it is paid for in full. If it is not paid for, the mortgage company or whoever you all are making monthly payments to, owns it.

advisor

 

[Bomorris]

more info

Yes, mobile has been paid for for years. Probably worth very little in actual dollars. I don't know if my name would need to be on the title to the mobile, but I was thinking that since it had been in place on this property for 20+ years, that it is no longer considered a mobile home. Not sure. Thanks for the input, any Delaware lawyers out there listening.