my husband and i have married for three years and he owned his home before we were married and he says that if he dies the home will be mine
Divorce / Separation Lawyer
First, I am sorry for your loss. As to your question, current ownership of the house depends on how the house was titled. If the house was only titled in his name (or in both your names as tenants in common), then the house (or his share if tenants in common) would pass through his estate (via his will or intestacy, if there is no will). If the house was titled to both of you as joint tenants with rights of survivorship, then his interest is extinguished upon death and you own the house outright. You can go on the county assessor's web site and look up the property and see how it was titled (at least to the extent of whether it was just in his name or both of your names). You also can go to the county clerk's office and request a copy of the deed. This would be the starting point. Hope this helps.
You can reach Dave Rich at (303) 886-2516 or firstname.lastname@example.org. Dave Rich is an attorney licensed in Colorado. Answering your questions does not create an attorney-client relationship between us. You should speak with an attorney to whom you have provided all the facts in your case, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.
If there is no will, then you will inherit the home when your husband dies if you are still married. If he writes a will, he may be able to transfer the home (or part of it) to someone else. As the wife, you cannot be completely cut out of the will, but a will can change the assumption that you will inherit his entire estate.
You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.
Talk is cheap as the saying goes. Get him to put it in writing by either drafting a new deed and putting it in joint names with rights of survivorship or have him draft a will. The former is a more secure solution for you and is easy to have done by a qualified real estate attorney.
You need to look at how many questions are posed at this site where a mere statement is all the surviving spouse has and how worthless that statement really is from a legal perspective.
Hope this helps.
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