First, your husband cannot deed the home to himself without your signature if you were previously a titled owner of the home. That being said, the question of your interest in the property is two-fold. If you are getting a divorce then the interest in the property that you have will be determined in the Domestic Division and the rights to it will be finalized when the divorce is finalized. The divorce will contemplate when the home was purchased, the equity in the home, and how it is titled.
If, however, your spouse were to pass away prior to divorce, then the disbursement of property would be governed by a will, if he has one, and if not by our Ohio statute of descent and distribution. Under the statute, you would get 100% of the assets of your deceased spouse assuming he has no children that are not yours as well.
There are several other factors to consider in this matter, not all of which can be discussed without more information from you. I recommend you seek the advice of an attorney in your area who can better render an opinion with more information from you.
This question is less "probate" than it is for the "real property" and "divorce and separation" sections of Avvo. I am switching it to the Divorce category.
You need to consult a domestic relations/family law attorney IMMEDIATELY.
Mr. Huddleston is an Ohio-Certified Specialist in Estate Planning, Trust & Probate Law, with offices in Columbus and Dayton, serving client families and private business owners throughout Ohio. Mr. Huddleston responds to Avvo questions as a public service to help educate and provide general guidance to questioners, but his responses are not legal advice and do not create an attorney-client relationship.
If the property was bought during marriage, it is 'marital' even if the deed is in the name of your husband only. If he bought the property prior to marriage, you could argue an interest from the date of marriage forward. It is not unusual based on credit etc, for a mortgage to be in the name of one spouse and the deed in the other. Generally speaking, the house in such situation is still marital and its value will be divided appropriately during a divorce either by agreement or court order. Best of luck to you.
This answer by Attorney Martin is for general purposes only and does not establish an attorney-client relationship.
The divorce court can divide marital property regardless as to how its titled.
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