If my husband own his home before we married and something happens to him, will I have to move and give his child the home?

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If my husband own his home before we married and something happens to him, will I have to move and give his child the home?

Asked on February 2, 2011 under Family Law, Mississippi

Answers:

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

Answered 10 years ago | Contributor

There is not way to answer this by a "yes" or a "no."  If the property is considered separate property and not marital property then it will part of his estate when he passes away.  His estate if then divided based upon if he had a Will or if he dies intestate (without a Will) and then the intestacy statutes in the state will apply.  Generally speaking, Wives have certain rights to collect a certain amount from the estate of their husband but if the property that is jointly held (and this is other real and personal property) satisfies that amount then the rest of the assets are divided amongst the other beneficiary: i.e., his children.  Seek legal consultation in your area.  You could indeed be out in the cold.


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