Legal Question in Wills and Trusts in Kentucky
property in both spouses name
recently my husband found out that he has cancer. both of us have childre from previous marriages but none of our own. our question is about our home property. the deed is listed in both of our names using the format of husband AND wife's name. the way it's recorded if he was to pass away can his children force her to sell and split with them.
Asked on 11/20/08, 10:42 pm
1 Answer from Attorneys
Gregory Napier
Troutman & Napier, PLLC
Re: property in both spouses name
The most important information is whether the deed gives the survivor a "right of survivorship". If so, the whole house passes to the survivor.
The next most important information is whether there is a will.
Answered on 11/21/08, 10:55 am
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