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Last Updated: 3/3/2010
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FAMILY LAW & IMMIGRATION  >> Marriage & Living Together >> Marriage
 

My husband purchased our home two months before we were married and it is in his name only. What happens if we divorce or he dies? Also, we have a three-month-old child, and Im concerned about what his single ownership will mean for her as well.


Chances are you will not be roofless in your lifetime.

In all states except those that follow the community property ownership system -- Arizona, California, Idaho, Nevada, New Mexico, Texas, Washington, and Wisconsin -- judges have the power to fairly distribute the property of both members of a married couple at divorce. Depending on how much total property there is, it would not be unusual for a house to be awarded to the person who will be the primary caretaker of a child with other property being awarded to the non-caretaker spouse. If you live in a community property state, theres a chance the house could be considered community property (that is, half yours) if your own earnings are put into the house -- for example, to make mortgage payments or to cover the costs of repairs or improvements.

At death, property goes to the person designated to receive it in a will or living trust, except that a spouse has the right to claim at least one-third to one-half of the deceased spouses total estate unless a written contract states otherwise. A few states have laws specifically forbidding a homeowner from leaving the family home to anyone other than a spouse and children. And in all states, if one spouse dies without a will or living trust, leaving children, the other spouse and the children will divide all or, in a few cases, most of the property.

Still, theres no reason to leave this matter to the default rules of your states law. It would be simple for your husband to put the house into both your names. All you need is to prepare a deed (not difficult) transferring ownership from him alone to both of you.

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