Divorce - name of deed of house

Question Details: My name was never included on the deed/mortgage of the house even though my husband and I have lived in this house even before we got married. My husband's name is the only name on the deed/mortgage. We are now separated and if I DO NOT divorce him and he dies, will I get the house even though my name is not on the deed? (he is an alcoholic and I don't think he will live very long)

Asked 10/27/2009 under Divorce, Marriage, Alimony | 529 View(s) | More Legal Topics

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Divorce, Marriage, Alimony Law Answers

Joshua Bryant / The Bryant Firm, P.A. Answered 2 years ago | Contributor with 0 answers

The answer to your question depends on how long the two of you have been married. Arkansas is one of the few states that still recognizes dower and curtesy rights. The percentage of his estate that you have access to depends on the length of time you have been married.

It is also likely that in a divorce proceeding you would be entitled to your half of the home even though you are not on the deed, and you may be able to negotiate to keep the house outright in exchange for other property rights.

Please let me know if I can be of any assistance.

Joshua S. Bryant,
Attorney at Law

The Bryant Firm, P.A.
609 S.W. 8th Street, Suite 600
Bentonville, AR 72712
(479)286-1129
www.thebryantfirm.com

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