If my husband died but prior we had bought a home and the deed/loan is only in his name, how can I keep my home or have it transferred into my name?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my husband died but prior we had bought a home and the deed/loan is only in his name, how can I keep my home or have it transferred into my name?

Asked on September 25, 2012 under Estate Planning, North Carolina

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 12 years ago | Contributor

I am confused about why the deed and loan were only in your husband's name if you were married at the time of purchase.  Ordinarily, a home purchased by a married couple would be placed in their joint names as husband and wife (tenancy by the entireties).  This leads me to believe there may have been a problem with your credit?

The Florida constitution provides special homestead rights to spouses and minor children.  The spouse must inherit at least a life estate in the house.  If the husband and wife have minor children, they will inherit the house after the spouse dies.  It is necessary to open a probate estate to transfer the deed.

Some states provide that a house purchased during marriage automatically becomes a tenancy by the entireties, and the spouse automatically inherits the house no matter what the deed says. 

Even without a constitutional homestead provision or automatic tenancy by the entireties, a spouse usually inherits all or a substantial portion of a person's estate when they die without a will.  This can vary a little bit depending on whether you and your husband, either together or separately, have children.

You should consult a probate/estate lawyer in your area to find out how to place the house in your name.  Of course, you will still have to pay the loan.  The mortgage company may or may not be able to insist that you refinance the house in your name - your lawyer will have to look at the loan papers and advise you about this.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption