Is the house under my husband's name automatically become mine in the event he dies? 4 Answers as of January 03, 2012

If the house is only in your husband's name, it does not automatically become your property. The house will be probated. I am assuming that you live in a community property state. If you do and the house is your and your husband's community property, then the house will pass to you by intestate succession. If the house is your husband's separate property, then it will also pass by intestate succession, but the ownership of the house will not simply pass to you. It will pass to you and your children. Since there is more than one child, a surviving spouse will receive one-third of the house and the children will receive two-thirds of the house.

The house would not automatically become yours when the deed is in your spouse's name alone. A probate would be necessary to transfer the property to you. You should consult an estate planning attorney about the best way for both of you to insure that your property goes where you wish it to after your death.

Since the house is in your husband's name alone, then it would normally go through probate for you to become the owner. One alternative is to own the home jointly. This will avoid probate fees on the first of you to die. Your husband could transfer the home by a new Grant Deed into both of your names either as joint tenants or as community property. Often community property is preferable since certain tax benefits can be achieved through community property. A better approach would be to transfer the home into a Living Trust. This would avoid probate fees on both of your deaths. You would need to set up a Living Trust, but the cost of this is far less than the probate fees that would be incurred through inaction. A proper estate plan will include a pour over Will, a Living Trust, a Power of Attorney, an Advance Directive, and certain other documents as well. The state will not become the owner of the home just because you do not have a will.

It does not automatically go to you. If there is no will, the intestacy laws of the State where you live will control who receives the house. To be certain you receive the house you should have a will, or if you want to avoid probate, he should have a trust.