Legal Question in Wills and Trusts in Florida
Separate Property
I married my wife 5 years ago. She owned a house. We re-financed but my name was not put on the deed. I have been paying the mortgage for the last 5 years. In the event of her passing, what happens to the house
2 Answers from Attorneys
Re: Separate Property
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The property belongs solely to your wife unless she makes a gift by voluntarily adding your name to the deed. You may have a claim to a life estate upon her death if you survive her. If not, it will pass according to her Last Will and Testament.
Scott R. Jay, Esq.
Re: Separate Property
Cannot answer without the answer to many questions: Is this her homestead? Do you have a premarital agreement? Does she have minor children? Does she have a will, and if so, what does it say? Does it leave anything to you, and if so, what? Are you the beneficiary on any of her other assets?