Posted on: 19th May, 2011 05:29 am
i'm recently married in tn. my husband obtained a quit claim deed as the grantee through his divorce 3 years prior to our marriage. the clause: to have and to hold the said premises to the grantee, her heirs and assigns forever. this clause concerns me, does this mean that if something happened to my husband, his adult children have claim to this house he and i live in, could assests be frozen by his children and family. a friend is in a exact situation now. my husband has no will and i am not on the deed of the house presently. i wish to protect myself. we are just starting to discuss plans, however this concerns me greatly. we are both working, struggling to make ends meet and in our mid fortys. please advise?
Hi nailsnaturally,
As far as the clause goes, after your spouse's death, his heirs will be able to claim the property. You may face problems in claiming the property. Nevertheless, I will suggest you to contact a real estate attorney and take his opinion in this matter.
Thanks
As far as the clause goes, after your spouse's death, his heirs will be able to claim the property. You may face problems in claiming the property. Nevertheless, I will suggest you to contact a real estate attorney and take his opinion in this matter.
Thanks