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Question re: Marital Homestead in FL

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newwifefl

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

Hello Everyone...this forum has been so helpful in the past hoping someone can answer another questions.

I am married and my husband and I live in a home that is in my name only. I owned the home for many years before we were married. I do not have any children, however my husband does. In the event my husband should survive me, I want the house to pass to my family/nephews. I do NOT want the house to go to my husband and ultimately his children. Can I accomplish this through a will alone, or are there separate rules that apply to marital homesteads? I also thought about putting my mother or sister on the deed...would this help make sure it stays in my family? Thanks in advance.
 


mistoffolees

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

Hello Everyone...this forum has been so helpful in the past hoping someone can answer another questions.

I am married and my husband and I live in a home that is in my name only. I owned the home for many years before we were married. I do not have any children, however my husband does. In the event my husband should survive me, I want the house to pass to my family/nephews. I do NOT want the house to go to my husband and ultimately his children. Can I accomplish this through a will alone, or are there separate rules that apply to marital homesteads? I also thought about putting my mother or sister on the deed...would this help make sure it stays in my family? Thanks in advance.
Have you been paying the mortgage, taxes, etc out of marital funds?
 

newwifefl

Member
Yes I have. But if I were to die tomorrow....I don't think he should have the entire house after paying half the mortgage for only a year.
 

LdiJ

Senior Member
Yes I have. But if I were to die tomorrow....I don't think he should have the entire house after paying half the mortgage for only a year.
There is normally a certain percentage of an estate that has to be left to a spouse. You need to consult with a local attorney who handles wills/estates/probate to find out where you stand with that in FL. There is also a forum on this webstate that addresses wills and estates, and it wouldn't be a bad idea to post your question there.
 

Ohiogal

Queen Bee
You can also attempt to have the house to pass outside probate by using a transfer on death deed. Your husband will have to agree with it however.
 

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