My husband died his only child is my child we bought a house in 1998 and his name is the only name on the loan he died a few year ago and I have made all payment on the property the house was the only thing in his name what do I do now? It depends on the jurisdiction and whether the man had a Will. My Spouse Recently Died, Do I Need to Probate His Will? 25,741 satisfied customers. We do not have a will at present as we have only been married a short time and this is my second marriage and his fourth. If she has children who are not also children of the husband, then husband will own 50% and her children will own the other 50%. Self-acquired and ancestral property: Under Hindu Law: the wife has a right to inherit the property of her husband only after his death if he dies intestate. ","acceptedAnswer":{"@type":"Answer","text":"If he had no children (even adult children), you will inherit the home; if he had children (whether with you or with someone else), you and they will split it when there is no will, under the rules for \"intestate succession\" (who gets what when there is no will) in your state--you will get a 1\/2 interest in the home, the children will share the other 1\/2 interest.But to get the house into your name (or into your and the children's names), the home will have to go through probate and have a court order changes in ownership. Speak to a probate attorney about doing this. My husband is deceased. My husband died recently, the mortgage for our house was under his name. Disclaimer: My husband died last year..the house was in his name only so when i filed i didnt claim the house. The house we live in now is my husbands and only his name is on the deeds. My husband died in April but the house is in only his name as he bought it before we met and the deeds are obviously in only his name JA: Where are you? Performance & security by Cloudflare, Please complete the security check to access. We were under modification hadn’t had made our 90 days of payment when he passed away. We own a condominium that the title was in his name only. 2 Answers from Attorneys. Another way to prevent getting this page in the future is to use Privacy Pass. A wife takes all of her husband's intestate estate, if he does not have children with another woman. As a married homeowner, having your name on the home's title is important. to deal with your spouse's affairs will depend on the situation and your spouse's particular financial circumstances. Who will get the house if he dies in Texas without a will and his name being the only name on the house. My husband died March 24th 2016. My husband died 2 years ago without a will. If your deceased husband left the house to you in a will the transfer of ownership is a simple process. Asked on 1/11/12, 1:24 pm. If your husband shared a joint tenancy with a third party, for example he was previously married and hadn’t got around to updating the title deeds, then the person named on the title automatically inherits the house. Having a house in your name has many benefits, mainly ownership rights. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome Because your name was not on the title prior to your husband's death, the house was not considered your property at that time. I have lived in this home for 4 years. I am legally marrried to him and I need to settle his estate. By continuing to use this site you consent to the use of cookies as described in our cookie policy, unless you have disabled them. 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. Find the answer to this and other Law questions on JustAnswer . For example, wives who lose their husbands might wonder what will become of their home's mortgage, especially if it was in the husband's name only. 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. Property you once owned jointly or your spouse owned in his name only may now be yours alone. They do not have children. Chances are good that you may not need to probate the will. When we refinanced almost 3 years ago, the loan was in just his name. Please verify any direct legal advice or rate information with your attorney, insurance company, or agent, respectively. My Spouse Recently Died, Do I Need to Probate His Will? All owners must be listed on a house's title. If your name is on the deed or if you are left the house in your husband’s will, you may be eligible to assume the mortgage under the Garn-St. Germain Depository Institutions Act of 1982. Asked on 1/11/12, 1:24 pm. That would have been his decision and choice. In each situation, a probate or small estate affidavit will be necessary to transfer the house to the beneficiary. If your husband died and your name is not on your house’s title you should be able to retain ownership of the house as a surviving widow. Your husband’s half of the home transferred to your ownership on a stepped-up basis. Having a house in your name has many benefits, mainly ownership rights. My father died 15 years ago. My husband … BUT…it's a good idea. When you buy a property, the property title is transferred to your name to establish your ownership rights. Husband and Wife” it will be necessary to “probate” George’s estate to remove his name and put the deed in just Sally’s name. Even if your husband has named you in the will as the sole beneficiary of the estate, the rights to survivorship takes precedence of the will, meaning the home will still pass to the joint tenant. If my spouse dies, do I have to change utilities out of their name into mine? Login|Contact Us. I recently sold that home and my husband and I are living in the home he owned before we were married. If she has children who are not also children of the husband, then husband will own 50% and her children will own the other 50%. Becomes the sole owner of his death to the survivor spouse, children! A simple process from state to state, and services are presented without warranty and.. A guarantee of coverage assets can only be titled in one of these three ways, but got back again. Not yours 2.0 now from the Chrome web Store owned depends on the title, you n't... 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