Legal Question in Real Estate Law in Georgia

I had built and paid for my home I'me living in after the death of my husband. I just recently got married without a prenup and the house is still in my previous name on the deed. Should anything happen to the marrage which I doubt. Would he legally be awarded 1/2 the value of the house? Thank you, Patty


Asked on 2/10/10, 5:02 am

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

A prenuptial agreement would have been a good idea.

Generally the house remains yours in a divorce. However, if you die, he can claim the house as years support (and also may have other inheritance rights). And there are still documents you can and should do now to better protect the house, so you need to sit down with a lawyer to do those steps - such as a will, possibly an advance renunciation of year's support, and so on.

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Answered on 2/15/10, 5:15 am


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