What happens to house if one of us dies before marriage?
Question Details:
My fiance and I purchased our home applying for a mortgage in just his name, however, my name was added to the to the deed (since we split the payments and both paid the down payment). If something happens to either of us, what would happen to the property? Would it go to the survivor or would the deceased person's relatives inherit their share?
Real Estate Law Answers
The answer to this would depend on whether the deed made you tenants in common, in which case the deceased person's share would go into his or her estate. If the deed made you joint tenants, with right of survivorship, the house belongs to the survivor, on the death of either one of you.
If the deed made you tenants in common, but you'd both want the other to have the house if anything happened before the marriage, you can both make wills, leaving your interest in the house to each other.
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