Legal Question in Real Estate Law in Georgia

It matters greatly, both in a divorce and if he dies. How the wording was done also affects the answer in both cases, so I'd need to see the deed to fully answer you. Your claim may be to all or only part depending on the wording, and additional documents (such as a will) may also matter. Feel free to make an appointment with me to cover those essential details if you are in the metro Atlanta area.

It matters a LOT! Here's a few ways:

DIVORCE

Had your husband failed to add you to the deed after you married, then in the case of divorce, the property would not be considered "marital" and would therefore not be subject to an equitable division. Stated differently, had your husband not put you on the deed, you would have no claim to the house.

Because, however, your husband put you on the deed to the property, you have some type of ownership interest in the property and the property is subject to marital division. What kind of ownership interest and how much of an ownership interest you have depends entirely on the language of the deed. Without having the benefit of seeing the deed, I can't tell you how much of an interest you have or what kind of an interest you have. What I can tell you, however, is that the property is likely fair game in the event of a divorce.

DEATH OF YOUR HUSBAND

This is where it gets a little tricky. For purposes of this issue, I'm assuming that: (i) you are still married at the time of your husband's death, and (ii) you have a 50% ownership interest in the property, with your husband (and no one else) owning the other 50%. Here's a couple ways it likely (but not absolutely) would play out --

1.) If the deed says that you and your husband are "Joint Tenants With Rights of Survivorship" (or says something close to that), then the deed passes outside your husband's estate and you AUTOMATICALLY become the full owner upon his death. There are a couple things you can do to put the world on notice that you are the new/full owner, but those things are not critical.

2.) If the deed says that you are "Tenants In Common", then it's a different situation. In this situation, you would keep your 50% ownership interest in the property, but your husband's 50% ownership interest would pass through his estate. Stated differently, you husband's 50% will pass via his will (if he has a valid will upon his death) or it will pass "intestate" (which means that a state statute will decide how his 50% of divided up). If your husband leaves you his 50% ownership interest in his will, then you will have 100% ownership once his property is probated. If your husband has no will, you will get part of his 50% and so will his kids, if there are any.

CREDITORS & LIENS

If your husband does not pay his creditors (mortgage company, auto loan, school loan, credit cards, city and government property tax authority, etc.) on time, a lien may be issued in your husband's name. That lien will automatically attach to anything your husband owns that is titled in his name. So, if you don't pay your property tax, the county will issue a lien on your property, which can ultimately lead to your property being foreclosed. Likewise, if your husband doesn't pay the mortgage, the mortgage company can foreclose on your property.

If you would like a Georgia real estate attorney to review your deed and explain your options, rights, etc., in more specific terms, please feel free to contact me at [email protected]. I am happy to review your deed and answer any questions you might have for a minimal flat fee.

Best of luck.*******The above is for informational purposes only and does not create an attorney-client privilege.********