Legal Question in Wills and Trusts in Florida

property rights after death with no will
if a man and woman are married but live in seperate dwellings, the mans dwelling is in his name only and the woman lives in a dwelling in her name only, when the husband dies does the wife have legal right to the dwelling and the contents within if the dwelling is not in her name but the husbands name only?

Asked on 7/04/07, 12:34 pm

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

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Re: property rights after death with no will

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Yes. Each spouse has an ownership interest in anything owned during the course of the marriage absent an agreement stating otherwise. If one dies without a will, the other spouse will inherit the property.

Scott R. Jay, Esq.

Answered on 7/20/07, 12:17 am

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