Posted on: 08th Feb, 2010 09:02 pm
My late husband and I got married then bought this house. I am not on the mortgage loan nor on the deed. The house is worth as much as what is owed on it therefore there is no equity. He left no will. I live in the home with our child and my children. If I continue to pay on the home will I be able to have complete interest on it and will my children have all interest on the home per my will request? or will children from my late husbands previous marriage have interest on it then? Should i also record interest with the tax office for it?
Hi jess,
Since your name is not on the property deed, you do not have any legal interest in the house. But if you are in a community property state, you do have an ownership interest even though you are not on the deed. As your late husband did not leave a will, you need to file an affidavit of heirship with the probate court. The property will then be divided according to the laws of intestacy. Once the title is in your name, you will have legal ownership to the house.
Since your name is not on the property deed, you do not have any legal interest in the house. But if you are in a community property state, you do have an ownership interest even though you are not on the deed. As your late husband did not leave a will, you need to file an affidavit of heirship with the probate court. The property will then be divided according to the laws of intestacy. Once the title is in your name, you will have legal ownership to the house.
Hi Jess,
All you need to do is file an affidavit of heirship with the probate court so that the property gets transferred to your name and after that you can make a will were you can mention the name of your children.
All you need to do is file an affidavit of heirship with the probate court so that the property gets transferred to your name and after that you can make a will were you can mention the name of your children.