My husband and I bought our house after we were married, but the deed never had my name on it. NOw he is refinancing, and this time my name will not

Asked by Veronica English, Marietta, IL Wed May 26, 2010

be on the mortgage. This I understand, because I have been struggling to get my finances in order. We each pay our own bills, and since I receive disability, and work part-time I have struggled with getting them taken care of. Anyhow, I would like to know if my husband were to pass before me what will happen to the home, and property? WIll I have any rights to it?


Veronica English

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Jerry Grodes…, Agent, LOda, IL
Sun Aug 22, 2010
Please understand Real Estate agents cannot practice law in Illinois. Your question has alot of implications only an Illinois attorney (if the property is in Illinois) can help you with. You will get many opionions but please hire yourself a good attorney to assist and safeguard your rights.
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Rudy McDowell, Mortgage Broker Or Lender, Bloomfield Hills, MI
Wed May 26, 2010
Hi, Veronica

Both Dan and Cinnamon's answers are spot on. Please proceed accordingly.
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Cinnamon Bof…, Agent, Bensalem, PA
Wed May 26, 2010
Each state had different laws. Contact an attorney and make sure you both have a will and life insurance.
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Dan Chase, Home Buyer, Texas City, TX
Wed May 26, 2010
When he refinances the mortgage make sure he places death insurance on the mortgage. That way if he dies you still get to keep the house without payments.

You can ask a lawyer about placing the house in a trust. That way he would be in control of the house but the trust can make it so anyone else can own it. (a screwy legal thing that makes no logical sense). If you instead wait for him to die and the house goes through probate you could find you have to pay money to maintain ownership of your own house. There are spousal rights however, laws like this change according to the state you are in so a lawyer is best to ask about this.

After he refinances it should be possible to do a quit claim deed to place you on the deed. Again, lawyers need to be contacted.
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