Posted on: 14th Sep, 2009 12:58 pm
My husband is the only name on the deed. What happens, God Forbid, if he passes. Will the house be automatically in my name?
Legally that should be the case
It is better to have a will, so these thigns are taken care
It is better to have a will, so these thigns are taken care
Hi diannaliado,
The property will not be automatically transferred into your name. You will have to file an affidavit of heirship at the county recorder's office. This will help you in transferring the property in your name. In case, if your husband leaves back a will, then the will needs to be probated after his death and then the property would be accordingly divided amongst the heirs.
You can ask your husband to add your name to property deed with the help of a quitclaim deed. Thus, you would become the joint owner of the property.
Thanks
The property will not be automatically transferred into your name. You will have to file an affidavit of heirship at the county recorder's office. This will help you in transferring the property in your name. In case, if your husband leaves back a will, then the will needs to be probated after his death and then the property would be accordingly divided amongst the heirs.
You can ask your husband to add your name to property deed with the help of a quitclaim deed. Thus, you would become the joint owner of the property.
Thanks