Do I inherit the house if it is in my husband’s name only?

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Do I inherit the house if it is in my husband’s name only?

I’ve been married for 3 years and my husband owned our home before we were married. The deed is under his name only. If he dies does our home belong to me?

Asked on April 3, 2012 under Estate Planning, Colorado

Answers:

Steven Fromm / Steven J Fromm & Associates, P.C.

Answered 9 years ago | Contributor

It will belong to you if he writes a will naming you as a beneficiary.  Otherwise he dies intestate and you would only get a portion of the real estate.  Get with an estates attorney to get an estate plan set up between the two of you.

 

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Not all of it.  If he passes away with out your being on the deed with "rights of survivorship" or with out a Last Will and Testament in place giving you the house, it goes in to his estate and it will be distributed via the intestacy statutes in your state. A spouse inherits a certain amount under those statutes. Time to sit and talk.  Good luck.


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