IfI quitclaimed deeded my share of our house to my husband, would I get the house in the event of his death?

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IfI quitclaimed deeded my share of our house to my husband, would I get the house in the event of his death?

My husband refinanced a home loan. I did not want be a co-signer on the loan. I was required to sign a quitclaim deed. If he died would I get the home?

Asked on February 2, 2011 under Real Estate Law, Utah

Answers:

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

Answered 10 years ago | Contributor

This is really not an easy question to answer here and one needs to know more about your situation to give any guidance.  The "quick" answer is that if the asset is not jointly held with rights of survivorship it goes in to his estate for probate and does not pass by operation of law to you at the time of his death as it would otherwise.  In other words, it becomes part of his general estate to be shared amongst his beneficiaries, such as his children, his parents, his siblings, etc., depending on your familial situation.  It becomes yours if he ha a Will and leaves it to you.  But there are so many issues here to deal with like estate taxes, marital right of election as it pertains to taxes, etc., and I think that you should really speak with someone in your are on this matter.  Good luck.


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