If my spouse passes and the house is in his name only, will it come to me?

UPDATED: Oct 2, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my spouse passes and the house is in his name only, will it come to me?

My husband is not doing well; he’s been in a rehab/nursing home. I’m not sure if he will get healthy or not. The house is his; my name is not on it. If the worst happens, do I have rights to get the house? There are no children

from this 20 year marriage.

Asked on August 14, 2019 under Real Estate Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You do not mention a will, so for purposes of this answer, we will assume there is none. When there is no will, property is inherited according to the rules of "intestate succession." If he had no childen at all, whether with you or from before your marriage, you will inherit everything, including the house (though will have to go through the probate process to have title transferred to your name). If does have any children, they and you equally share all his assets, money, and property, except that your minimum share, regardless of how many children there are, is 1/3.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption