Is it correct that my husband is considered half of the owner of the house and the house would be transferred to him after I pass away? 21 Answers as of June 25, 2013

I am getting divorce. The house I am living in is under my name only. I'm the one who has been paying the mortgage.

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DO IT YOURSELF DIVORCE, pllc | Robert L. Willis, Jr
This question asks for more detailed information than you think. Married couples own the house they are living in (and own) as tenants in the entirety. This is a legal term that mean that both of you own the entire property and your interest cannot be divided while you are married ie you cannot take a saw and cut it down the middle.. When you are divorced the court will issue a Judgment that determines the interest in the property after marriage. The negotiation you have with your spouse through your attorneys will determine what interest the parties will receive in the house after the Judgment of Divorce is entered. If you cannot determine this in negotiations, the case will be tried and the court will determine who gets what. Please discuss the detail of the division of your home with your attorney.
Answer Applies to: Michigan
Replied: 12/31/2012
The Legal Center | Richard Manwaring
A little too complicated to answer with certainty. The house should be divided during the divorce. The terms of the division would dictate if he retained any rights to the house after your death, but that would be odd. Consult with an attorney as you may have some separate property or credit claims against the property.
Answer Applies to: California
Replied: 12/30/2012
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
The answer to this question requires much more information. To properly protect your valuable legal rights, I urge you to meet with an experienced family law attorney to explore your legal options.
Answer Applies to: California
Replied: 12/30/2012
Law Office of Kristine McDonnell | Kristine McDonnell
if the house is only in your name, and the divorce decree States that you should own the house outright, then it would only pass to someone that is in your will.
Answer Applies to: Ohio
Replied: 12/30/2012
The Davies Law Firm, P.A.
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
a smart lawyer ought to be able to help you with this.
Answer Applies to: New Jersey
Replied: 12/30/2012
    LAW OFFICE OF ANNE B. HOWARD | Anne B. Howard
    Depends how title is held. But he has an interest in the house for divorce purposes. See an attorney to help you. After the property division in the divorce he should have no rights to the house if you die. Make sure you change your will.
    Answer Applies to: California
    Replied: 12/27/2012
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    In Washington it depends if the house is separate or community property. See an attorney to answer that question.
    Answer Applies to: Washington
    Replied: 12/27/2012
    Mary W Craig P.C. | Mary W Craig
    If you purchased the house before you were married, and the house is solely in your name, then the house is your separate property. That doesn't mean that your husband isn't entitled to reimbursement for the money he put into the joint account that paid the mortgage. If you always paid the mortgage out of a separate account that had no co-mingled money, then you have a much stronger argument that the house is your separate property. If you are awarded the house in the divorce proceedings, then the house will be yours and your ex will not get it when you pass away unless you leave it to him in your will. If you were to die today, before the divorce went through, then what happens to the house would be determined by your will, and your spouse would be entitled to a spouse's share of the estate unless you specifically cut him out of the will.
    Answer Applies to: Alabama
    Replied: 12/27/2012
    John Russo | John Russo
    That depends on who's name is on the mortgage as well as the deed also. Both names could be on both. But if they are not he still would inherit especially if you passed without a will.
    Answer Applies to: Rhode Island
    Replied: 12/27/2012
    Law Offices of Sherrie L. Davidson, LLC | Sherrie L. Davidson
    There are a lot of factors to consider in property issues. Title is presumed to be correct so that is the starting point. The court would then look at the reason the property is in your name alone, whether there was any fraud or duress, if there were written changes to title, when and why the names where changed and what income or monies were used to pay for the mortgage, upkeep, taxes and insurance.
    Answer Applies to: California
    Replied: 12/27/2012
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    If you die before the case is completed and you are not divorced when you die, any property you own will be disposed of according to the law of the state where you live just as if there had not been a divorce case pending (true in most states, you should consult a lawyer where you live to be certain).
    Answer Applies to: Colorado
    Replied: 12/27/2012
    Law Office of Eric S. Lumberg | Eric S. Lumberg
    It is correct unless the divorce resolves the property issues in a different manner. He currently has a claim to the home. Consult with an attorney to discuss your options regarding this issue.
    Answer Applies to: Michigan
    Replied: 12/27/2012
    Kram & Wooster, P.S. | Richard H. Wooster
    It depends on when you bought the house, before or after the marriage. What was the source of funds for the down payment on the house? What is the source of funds you were using to pay the mortgage? If it was from your separate property the house may be a separate asset. If it was paid from your earnings from your job that would be community funds and it may convert the house to a community asset even if you bought it before the marriage depending on how long you used community assets to pay the mortgage and how much of your separate funds were used to buy the house.
    Answer Applies to: Washington
    Replied: 12/27/2012
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    It depends upon when the house was purchased and what funds were used.
    Answer Applies to: California
    Replied: 6/25/2013
    Chaudhary Law Office, PLLC
    Chaudhary Law Office, PLLC | Satveer S. Chaudhary
    Thanks for writing. The question and detail portions of your query pose two different questions. If you pass away, yes, house ownership passes to the surviving spouse. In a divorce, it generally does not matter whose name the property is in. If it was acquired during the marriage, then generally each party has equal ownership. I wonder, however, why the house is only in your name. If it was acquired before your marriage or with pre-marital assets, and the marriage did not last long, then your husband may not be entitled to the home. In this case I would encourage you to consult an attorney.
    Answer Applies to: Minnesota
    Replied: 12/27/2012
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Maybe. Did he live in the house? Did he contribute to paying for the house or housing expenses? How long have you been married? You may have a claim to most of the value of the house, but it is possible that he would be entitled to one-half of any increase while you were married.
    Answer Applies to: Idaho
    Replied: 12/27/2012
    Elizabeth Jones, A Professional Corporation
    Elizabeth Jones, A Professional Corporation | Elizabeth Jones
    The house being in your name gives rise to the presumption that the house is your separate property. If you used money earned before marriage, gifted to you, or inherited then the presumption is stronger. But if you used earnings during marriage then a community property interest in the separate house has been created.
    Answer Applies to: California
    Replied: 12/27/2012
    Michael Wynn | Michael Wynn
    Ownership or sale of the marital home is normally handled as part of the settlement agreement or as part of the final judgment during an action for dissolution of marriage. You should contact an attorney for a consultation.
    Answer Applies to: Florida
    Replied: 12/27/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    It is not that simple, and what would happen in a divorce is different than at death. Please, for your own good and interest, see an attorney.
    Answer Applies to: Michigan
    Replied: 12/27/2012
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    Not necessarily. You should contact a local divorce attorney and discuss your situation in detail.
    Answer Applies to: New York
    Replied: 12/27/2012
    Zales Law Office
    Zales Law Office | Nicholas C Zales
    Who owns the house and in what proportion will be decided in the divorce. Once that is decided, it will either be his or yours to do whatever you want with. I urge you to talk to an attorney if you are getting divorced. Not doing so can be very costly.?
    Answer Applies to: Wisconsin
    Replied: 12/27/2012
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