the house deed is in my name, my husband is sick, if he dies, can his ex wife and children claim the house?
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the house deed is in my name, my husband is sick, if he dies, can his ex wife and children claim the house?
my husband has married before and from previous marriage has 2 kids, one 27 years
old, the other with disability and 23 years old.
the house deed is in my name, my husband is sick, if he dies, can his ex wife and
children claim the house?
Asked on December 19, 2017 under Estate Planning, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
It depends on how and why the house is in your name:
1) You owned the house before marriage: they would have no claim.
2) You bought the house with money you inherited (or inherited the house): they would have no claim.
3) It was your husband's house and he moved it into your name to protect it from creditors, including his ex and children: IF they otherwise have a valid claim (e.g. for unpaid alimony or child support; or he has no will, in which case his children would inherit a share of or interest in the house), they may be able to reach the house: the law doesn't let a person shelter assets from creditors by putting it into another's name.
4) You and your husband jointly owned the home (or bought it with joint, marital assets or money) and put it into your name later: see 3) above.
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