What will happen to my home if I dont have a will and its in my name? 13 Answers as of August 31, 2011

Your Common Law Husband would have to fight with your family to see if he could keep the house. In order for your Common Law Husband to have a claim, he would have to allege and prove to the Court that he should be recognized as your Common Law Husband, and then assert his rights under the State Intestacy Laws. Assuming that you both love each other, why would you put each other through that possibility and not see an Estate Planning Attorney for a Last Will and Testament?

Common law marriage was abolished in Florida in 1968. Unless you had a common law marriage prior to January 1, 1968, you will need to have a Will if you want your partner to have your house. However, if you have minor children, you cannot leave your house to anyone other than the minor children (pursuant to Florida law). If you do not have a Will, the state of Florida's laws dictate who will get your house.

Nevada does not recognize common law marriage, so unless your "common law marriage" was established in another state that recognizes common law marriage, your "married" status will not be respected. You both probably should have wills prepared and executed to protect each others rights.

In Illinois, there is no such thing as a common law spouse. So, that person would have no right to any of your property at your death unless you name him in a will or make him joint owner of your assets.

If you own a home, don't have will, and it is in your name alone, you are at risk for leaving your loved ones with a big mess, should you become unexpectedly incapacitated (think stroke, coma from car accident) or die. The Orange County probate court would need to get involved in order to take control over the house. If you die and you are single (ie, not legally married, California does not recognize a common law marriage) then the court will distribute the house to your next living relative, as determined by California law (ie, your common law husband will need to move out) through probate. This may not be the person(s) you would choose, especially because it leaves your "husband" on the street. Often, in situations like this, the house will have to be sold in order to pay any debts and the costs of the California probate. When you work with the right lawyer, it is very easy to set up an estate plan that will take care of all these things. Contact Orange County Estate Planning Lawyer Darlynn Morgan at www.MorganLawGroup.com.

If you were to pass on with or without a will, your estate/home would be subject to the high cost and delays of probate. In order for your estate to avoid probate, you would need to create and place your home in a living trust. In your trust you would indicate that you want the house to pass on to your common law husband who will likely also serve as successor trustee when you pass on. As it stands, California does not recognize common law marriages and thus the property would go to your family starting with your parents.

Florida does not recognize common law spouses. So if you were to die without a will (intestate) then the Florida Statute would be applied. Your living heirs would receive the house should you have living heirs. Please consult an attorney immediately should this not be your intention.

There is no such thing as a "common law" marriage in Massachusetts. If you don't have a will in place, and the home is in your name only, then it would pass to your heirs (children/grandchildren, etc.) at law by intestate distribution. Most often, this is an undesirable result since the home would either have to be shared or partitioned (sold/proceeds spit up). It sounds like you need to establish a basic estate plan. If this is something you are interested in, please feel free to call my office.

You have a huge and expensive mess all because you wouldn't pay a lawyer $250 or so for a will. Since Georgia has not had common law marriage for years, your "husband" probably gets kicked out, or has to battle over the home.

A few things to consider in answering this question: 1. There is no per-se "common law" marriage in Illinois. If you entered into a common law marriage in a state that recognizes them, you may have some standing. Otherwise, in Illinois, one must be validly married, which means a marriage represented by a validly issued marriage license. 2. Generally, with regard to real estate, a piece of property can automatically transfer to another party in two ways: First, a legally married couple (see above) can hold their primary martial residence (the place that they call "home") in "tenancy by the entirety. This means that each spouse actually owns 100% of the property and can automatically take ownership of their spouse's share when they pass on without any legal proceeding. Again, you need to be married (see above) to have this protection. Otherwise, two parties can hold a property in "Joint Tenancy with rights of survivorship" which means that the surviving party takes the share of the party who passes on. If the property is owned otherwise, then another party would need a legal action in order to take ownership. 3. That being said, there are ways to ensure that the property goes to another party who is not a joint tenant or a spouse. This is where an attorney can advise you with regard to proper estate planning, allowing the home to transfer to another party in a legitimate fashion. My best advice to you would be to contact an estate planning attorney who understands real estate law for guidance and planning in this area.