Seperate property in SC

I have 2 stepchildren and my
husband and I acquired a new home
before we gOT married I am not on
the deed and we have a child of
our own. If my husband dies
without a will what would happen
to our home? Are there any laws
that would protect me and my son
or is there anything I can do to
assure this? Thanks

Asked on June 5, 2017 under Family Law, South Carolina


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

When someone dies without a Will, they are said to have dies "intestate". This means that the intestacy laws of the state in which the deceased was domiciled as of the date of their death will control. Typically, the heirs are the surviving spouse, if any, and the children of the deceased. The exact split varies from state-to-state. In S.C., the spouse gets 1/2 of their spouse's assets and the children get the other half. If you want something more, than your husband get do so via a Will or a Trust.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you husband dies without a will, any of his property (like real estate titled in his name only) will pass by the rules of "intestate succession". In your state, that means that you will get 1/2 of it (or a 1/2 interest in the real estate) and his children (your two stepchildren plus the child with him) will together share the other 1/2 (so each get 1/3 of 1/2, or 1/6). The best way to protect you is for him to create a will ensuring that you get whatever share of or interest in the property you and he decide you should get.

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