If something were to happen to my husband and my name is not on the deed, what happens to the house?

Get Legal Help Today

 Secured with SHA-256 Encryption

If something were to happen to my husband and my name is not on the deed, what happens to the house?

My husband and I will be married 9 years and he just paid the house off. I am not on the loan to show I helped out with payments and there is no Will,. So who will the house go to – me or if he has kids (from his first wife). The deed is currently in just his name because of the refinance after he separated from his first wife. If it is in our best interest to get my name on the deed how do we go about it? Or will putting in a will that the house goes to me be sufficient..

Asked on January 5, 2013 under Estate Planning, Maryland

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 8 years ago | Contributor

I suggest you consult with a life or estate planning lawyer in your area about this.  I do not practice in Maryland and am not familiar with Maryland's specific laws about homestead property, spousal inheritance, and intestate inheritance, but I can be almost 100% sure that the state statutes written hundreds of years ago and rarely amended will not distribute property the way your husband and you wish to distribute it.  These statutes are written for the "usual family" - a husband, wife, and their children.  When a family deviates from this "norm," (and that includes many many families), one or everyone is usually unhappy with the result.  It is very important to create your own plan that accomplishes your goals.


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 with SHA-256 Encryption