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What happens to house after husband passes away?

Asked over 2 years ago - Toledo, OH

I have been married to my husband for 6 years we we have been living together for close to 8 years now. He bought the house we are living in 1998 so he owned that house when I moved with him. But he had to mortgage that house a couple of times over the years because he needed money. My name appears on the mortgage documents (we live in Ohio). We have a prenuptial. My husband has children from a previous marriage. My husband found out recently that he had lung cancer and he is undergoing treatment. Naturally I am worried about what would happen to me if he was to die as far as the house is concerned. Thanks.

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Attorney answers (2)

Dennis Michael Phillips

Reputation Level 16

Answered over 2 years ago. Estate Planning Attorney in Fort Lauderdale, FL.

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Sorry to hear about the diagnosis; but you are wise to plan ahead rather than stick your head in the sand. First, look to see how the property is titled. If it is jointly owned by you and your husband with a right of survivorship, then your husband's share of the property will automatically vest in you. Beware that some joint ownerships do not automatically have the right of survivorship.
Next, review the prenuptial agreement carefully. A house that was owned prior to the marriage is a popular topic in prenuptial agreements.
If the prenup doesn't apply and the property is only titled in your husband's name, then you will probably need to find out whether he has a will. If so, the will will control. If not, then you will need to look up your state's intestacy laws. The property may pass by law to you, as the spouse; but it may also depend on the age of his children.

These are my two cents as a Florida lawyer. If you don't get a more authoritative answer from this site, contact an estate planning or probate attorney in your area to get specific actionable advice.

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Elizabeth Smith Schmitz

Reputation Level 14

Answered over 2 years ago. Probate Attorney in Columbus, OH.

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Since the house is in your hsuband's name alone it will depend on what is in his will. If he does not have a will it is possible that the house will be split between you and his children. A widow does have the right to live in the house rent free for one year.

I suggest that you consult an estate planning attorney as soon as possible.

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