Ownership of house

With my boyfriend for 15 years, he is legally married but not divorced
yet. Cheaper to stay together. We own a house together. If he passes
away before me, GOD forbit, would I be in a battle over the house with
his ex wife, since he is legally married, but not together

Asked on September 15, 2016 under Real Estate Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Assuming he has no children, if he passes away and does not have a will disinheriting her and leaving the house to you, then if he dies while still married, his wife will inherit his share (presumably 50%) of the house. You and she will be fighting over what to do with it and over the proceeds if it is sold. You need Antonio to 1) write a will naming *you* has his beneficiary (at least for the house) and 2) to divorce her...why should a woman he has not been with in 15 years not only stand to inherit from him, but have the right to make medical decisions for him if he becomes incapacitated?


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