Legal Question in Wills and Trusts in Colorado
Who will get the house?
I have been co-habbiting with a man for 7+ years. We are not married nor do I consider us comman-law married. He is buying a house, but is getting the loan and deed in his name only. Who will get the house should he die. Will I get it or will it go to his his children? As far as I know, he does not have a will. What can I do to insure that I inherit the house in the event of his death?
2 Answers from Attorneys
Re: Who will get the house?
His children will inherit the property unless you and he create an agreement concerning the house, or he creates a Will leaving the house to you.
This answer is based upon your representations that you do not consider yourself married. Mere cohabitation does not confer upon you any rights to the property.
You are advised to visit with an attorney experienced in these matters immediately.
Re: Who will get the house?
Based on your description, you would have no rights to inherit any of his property if he dies without a will and the house is titled in his name alone. In that case, his children would likely inherit the house.
He could create a will leaving the house to you. I would recommend going to an attorney to have a will created.
He could also name you on the deed as a joint tenant with a right of survivorship. However, this will require approval by the mortgage lender, who would almost certainly require you to also sign with him on the loan.