Am I Entitled To My Husband’s Property If He Dies And My Name Isn’t On The Deed?

Am I entitled to my husband’s property if he dies and my name isn’t on the deed?

In this article, you’ll learn about:

whether you’re entitled to your husband’s property
what if your name is not on the mortgage
who gets the house (whether he had a will or not)
how long can you stay in the house
how long the house can stay in your husband’s name
how to change the deed to be in your name
can you keep the mortgage in his name

Let’s dig in.

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Am I Entitled To My Husband's Property If He Dies And My Name Isn't On The Deed?

If your husband dies and your name isn’t on the deed, your entitlement to his property depends on several things.

The laws of your state will influence your rights.

These laws are:

If your husband left a will, it may dictate the property’s distribution.

In the absence of a will, intestate succession laws will apply.

Here is what you’re entitled to for your husband’s property if he dies and your name is not on the deed:

Community Property: In these states, both spouses equally own property acquired during the marriage, regardless of the deed’s name. When your husband dies, you typically receive half of the community property, including the marital home if acquired during the marriage. The other half follows your husband’s will or intestate succession laws if no will exists.
Equitable Distribution: In these states, marital property is divided fairly but not always equally when a spouse dies or upon divorce. The distribution of your husband’s property, including the marital home, depends on his will or intestate succession laws. Even without your name on the deed, the court may consider the property part of the marital estate and award you a share based on factors like marriage length, property contributions, and financial needs.
Common Law Property: In these states, property ownership depends on the deed’s name. If your husband dies, you might not automatically have a claim to the property if your name isn’t on the deed. Distribution follows your husband’s will or intestate succession laws if no will exists. You may claim a portion of the property by proving your contributions to its acquisition or maintenance during the marriage.

What Happens If My Husband Died And My Name Is Not On The Mortgage?

If your husband dies and your name is not on the mortgage or the deed, the outcome depends on several things.

First, consider the laws of your state.

Community property, equitable distribution, or common law property states will have different rules.

Second, if your husband left a will, the property may be bequeathed to you or someone else.

If there’s no will, intestate succession laws will determine how the property is distributed.

When A Spouse Dies Who Gets The House?

When a spouse dies, the distribution of the house depends on things like:

whether you live in a community property or an equitable distribution state
the type of property ownership
if there is a valid will in place

In some cases, you may inherit the house or a portion of it.

While in others, it might go to other beneficiaries or heirs.

Fill out the form on this page to get help figuring out what you’re entitled to.

Marital Property Rights

Let’s say your husband dies and your name is not on the property deed.

Your entitlement to his property depends on several factors.

These include whether you live in:

a community property state
an equitable distribution state
a common law property state

In community property states, spouses generally have equal ownership of all marital property.

This is regardless of whose name is on the deed.

Upon your husband’s death, you would likely inherit at least half of the property.

In equitable distribution states, property acquired during a marriage is divided fairly.

But not necessarily equally, between spouses.

Your share of your husband’s property would depend on factors such as:

the length of your marriage
your financial contributions

In common law property states, spouses own property separately.

Unless it is specifically designated as joint property.

If your husband dies without a will, intestate succession laws would determine your share of his property.

Having a valid will helps ensure your rights to your husband’s property are protected.

Estate planning, including creating trusts or joint ownership arrangements, can also safeguard your property rights.

Wills And Intestate Succession Your Husband’s Property If He Dies

Let’s look at two different scenarios:

your husband dies with a will
he dies without a will

Your Husband Didn’t Have A Will

Let’s say your husband dies without a will and your name isn’t on the deed.

Inheritance laws in your state will determine your entitlement to the property.

Generally, surviving spouses have priority in inheritance.

But the share you receive may vary based on factors like:

the presence of children
other heirs

Your Husband Did Have A Will

Let’s say your husband dies and has a will.

The contents of the will determine who inherits his property.

If the will specifies that you inherit the property, you become the rightful owner.

But, if the will does not mention you or leaves the property to someone else, you may not have a claim.

In some cases, you can challenge the will or claim a spousal elective share, depending on your state’s laws.

If My Partner Has Died Can I Stay In The House?

If your partner has died, whether you can stay in the house depends on several factors.

These include:

your legal relationship
the property’s ownership
any existing will or estate plan

To determine your rights, consider the following:

Legal Relationship: If you were married or in a registered civil partnership, you may have more rights to stay in the house.
Ownership: If you jointly owned the property, you could inherit your partner’s share or become the sole owner.
Will Or Estate Plan: If your partner left a will or had an estate plan, check its provisions to see if you can stay in the house.

It’s crucial to consult with a probate lawyer to understand your specific situation and rights.

How Long Can A House Stay In A Deceased Person's Name?

A house can stay in a deceased person’s name until the estate is settled.

The duration depends on factors like:

the probate process
inheritance tax obligations
heirs’ agreement

Typically, it takes a few months to a couple of years.

For a quicker transfer, consider working with an attorney and communicating openly with the involved parties.

Types Of Property Ownership

There are three main types of property ownership:

Sole Ownership
Joint Ownership
Ownership Through A Legal Entity

Sole ownership occurs when one person holds the title to a property.

In this case, the owner has full rights and responsibilities over the property.

Joint ownership involves two or more people sharing ownership of a property.

Joint owners can hold the property as:

Joint Tenancy: Joint owners have equal shares and rights, and ownership passes to the surviving owner(s) upon death.
Tenancy In Common: Joint owners hold separate, unequal shares and can transfer their shares independently.
Tenancy By The Entirety: A form of joint ownership reserved for married couples, where both spouses hold equal shares and rights.

Ownership through a legal entity means the property is owned by:

a corporation
limited liability company (LLC)
partnership
a trust

The entity, rather than individuals:

holds the property title
assumes the rights and responsibilities

How To Change Deed On House After Death Of Spouse

To change the deed on a house after the death of a spouse:

Obtain A Death Certificate: Get a certified copy of your spouse’s death certificate from the vital records office.
Check Property Ownership: Verify how the property is titled, such as joint tenancy, tenants in common, or community property.
Prepare New Deed: If needed, create a new deed that transfers ownership to the surviving spouse or designated beneficiary.
Fill Out Required Forms: Complete any additional forms required by your local government or recorder’s office.
Notarize Documents: Have the new deed and any other necessary documents notarized by a licensed notary public.
Record New Deed: Submit the notarized documents to your local recorder’s office to officially update the property records.
Keep Copies: Retain copies of all filed documents for your personal records and future reference.

Get A Deed Transfer After The Death Of A Spouse

Let’s say you need a transfer a deed into your name after the death of a spouse.

Fill out the form on this page.

Our attorneys can handle this for you.

FAQs About If You’re Entitled To Your Husband's Property If He Dies And Your Name Isn't On The Deed

We get a lot of clients whose husband has deed and their name wasn’t on the deed.

Here are other questions those clients have asked us.

If I Inherited A House How Do I Put It In My Name?

To put an inherited house in your name:

Obtain the deceased’s will or trust documents.
Verify your legal right to inherit the property.
Hire a probate attorney if the estate requires probate.
Obtain a certified copy of the death certificate.
File a petition for probate if necessary.
Await court approval and appointment as executor or administrator.
Prepare a new deed with your name as the property owner.
Obtain signatures from all relevant parties on the new deed.
File the new deed with the county recorder’s office.
Update property tax records with your name as the new owner.

Is It Necessary To Remove Deceased Spouse From Deed?

Yes, it is necessary to remove a deceased spouse from the deed.

To do so, file a death certificate with the county recorder’s office.

And submit a new deed transferring ownership to the surviving spouse or other beneficiaries.

This process ensures a clear title and avoids future legal complications.

Can You Keep A Mortgage In A Dead Person's Name?

No, you cannot keep a mortgage in a dead person’s name.

The mortgage must be transferred or refinanced after the person’s death.

The executor of the estate should notify the lender and work with them to:

settle the debt
transfer it to an heir

If the mortgage is not dealt with, the lender may foreclose on the property.

Get Help With Your Husband’s Property If Your Name Isn’t On The Deed

If you want to move your husband’s property into your name, fill out the form below.

At The Hive Law, we understand the importance of:

protecting your hard-earned assets
ensuring your family’s future

We only accommodate a limited number of clients each month.

So don’t miss your opportunity to work with our esteemed estate planning attorneys.

Benefits of our estate planning services:

Tailored solutions to fit your unique needs and goals
Expert guidance in navigating complex tax and legal matters
Preservation of your wealth for future generations
Streamlined asset distribution according to your wishes

Avoid the pitfalls of inadequate estate planning:

Creditors seizing your assets
Lawsuits jeopardizing your family’s financial security
Family disputes over inheritance
Costly and time-consuming probate processes

Talk soon.

Get A FREE Consultation!

We run out of free consultations every month. Sign up to make sure you get your free consultation. (Free $350 value.)

Am I Entitled To My Husband’s Property If He Dies And My Name Isn’t On The Deed?

Table of Contents

The Hive Law Has Been Featured In

Get A FREE Consultation!

Am I Entitled To My Husband's Property If He Dies And My Name Isn't On The Deed?

What Happens If My Husband Died And My Name Is Not On The Mortgage?

When A Spouse Dies Who Gets The House?

Marital Property Rights

Wills And Intestate Succession Your Husband’s Property If He Dies

Your Husband Didn’t Have A Will

Your Husband Did Have A Will

If My Partner Has Died Can I Stay In The House?

How Long Can A House Stay In A Deceased Person's Name?

Types Of Property Ownership

How To Change Deed On House After Death Of Spouse

Get A Deed Transfer After The Death Of A Spouse

FAQs About If You’re Entitled To Your Husband's Property If He Dies And Your Name Isn't On The Deed

If I Inherited A House How Do I Put It In My Name?

Is It Necessary To Remove Deceased Spouse From Deed?

Can You Keep A Mortgage In A Dead Person's Name?

Get Help With Your Husband’s Property If Your Name Isn’t On The Deed

Get A FREE Consultation!

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