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Should I be on the deed?

Okay so here is the scenario....My Fiance soon to be husband..we are going down to city hall next week to be married is waiting for the closing on a two family house. He will be the co-owner with his father on the mortgage. The house is expected to close in two months from now which at that time we will already be married. Besides being married I would like to be on the deed as well along with him and his dad. His father argues that as long as we are married there is nothing to worry about. My rebuttal is if something were to happen to my husband since he is a cop and his job is dangerous I would like to know that I am 100% entitled to his 1/2 of the house. I'm very confused. What should I do?

Sincerely,
Christina Sauco

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Attorney answers (1)

Reputation Level 14
While as a spouse you would always have certain rights in your marital residence some steps you can take short of demanding to be on the deed include:

1) Ensure that your finace and his father will be taking the deeds as tenants in common and not as joint tenants with a right of survivorship. With tenant in common ownership each owner controls their share of the property at death by their Will whereas with joint ownership the property would pass to the survivor.

2) Ask your fiance to prepare a Will specifically leaving you his interst in the house (along with whatever else he intends to have pass to you) .

Very truly yours,

Ed Smeltzer

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