If something were to happen to my husband and my name is not on the deed, what happens to the house?
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If something were to happen to my husband and my name is not on the deed, what happens to the house?
My husband and I will be married 9 years and he just paid the house off. I am not on the loan to show I helped out with payments and there is no Will,. So who will the house go to – me or if he has kids (from his first wife). The deed is currently in just his name because of the refinance after he separated from his first wife. If it is in our best interest to get my name on the deed how do we go about it? Or will putting in a will that the house goes to me be sufficient..
Asked on January 5, 2013 under Estate Planning, Maryland
Answers:
Catherine Blackburn / Blackburn Law Firm
Answered 11 years ago | Contributor
I suggest you consult with a life or estate planning lawyer in your area about this. I do not practice in Maryland and am not familiar with Maryland's specific laws about homestead property, spousal inheritance, and intestate inheritance, but I can be almost 100% sure that the state statutes written hundreds of years ago and rarely amended will not distribute property the way your husband and you wish to distribute it. These statutes are written for the "usual family" - a husband, wife, and their children. When a family deviates from this "norm," (and that includes many many families), one or everyone is usually unhappy with the result. It is very important to create your own plan that accomplishes your goals.
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