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


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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