If he were to pass before me, would I be able to stay in our home? 3 Answers as of March 14, 2016

My husband inherited a home from his mom while we were married not before. It had no mortgage at the time on it but my husband and I took a mortgage out to fix it up. Loan was in his name only. I paid half the mortgage on it. My husband has grown children from a previous marriage. What are my rights or could the kids kick me out if we did not have a will?

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Law Offices of George H. Shers | George H. Shers
The home is his private property although you might be able to recover the amount of mortgage payments you made. If he dies without a will, the property would go to you and his kids [percentage depends upon which state you live in], but one owner can not kick the other owner out or charge them rent, even if that person owns less than half of the property. Nolo Press prints good books on how to make a simple Will. If he is worried that if after he dies you will sell the property or will it to someone else, he can give you a life estate that you own the property while you live and then it passes to his children. He could also make a trust to hold the property with the same terms. It is probably worthwhile to spend a few hundred dollars to see a local probate attorney to discuss what is best for you. He should be told that once he dies, it would not be in the least abnormal if there was a big fight between you and his children, even if they seem to get along well with you now. ?Money changes people's behavior.
Answer Applies to: California
Replied: 3/14/2016
Law Ofices of Edwin K. Niles | Edwin K. Niles
Inherited property is the separate property of your husband. Upon death, it would go 2/3 to the kids and 1/3 to you. You should get hubby into an estate planning lawyer ASAP.
Answer Applies to: California
Replied: 3/14/2016
Law Office of Jeffrey T. Reed | Jeffrey T. Reed
You need to get a will or better yet a trust so you can avoid probate. Another thing you can do is have your name put on title as joint tenants so you would automatically get the house if he passes.
Answer Applies to: California
Replied: 3/14/2016
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