If I’ve been married for 14 years but the house is in my husband’s name only, what happens if he passes without a Will?

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If I’ve been married for 14 years but the house is in my husband’s name only, what happens if he passes without a Will?

Would I get the house?

Asked on February 17, 2015 under Estate Planning, West Virginia

Answers:

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

Answered 7 years ago | Contributor

Since your name is not on the title, the house would pass the same as the rest of your husband's assets.

When someone dies without a Will they die "intestate". Accordingly, the intestacy laws (succession statutes) of the state in which the deceased was domiciled as of the date of their date will control. Typically, in such a situation assets are divided  between the the surviving spouse (1/3-1/2) and the remainder to the children of the deceased. 

At this point, you shoud consult directly with an attorney as to your situation and see what they advise.


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