Legal Question in Real Estate Law in Massachusetts

Simply, it IS part of the marital estate, and subject to the property distribution.

Are you getting divorced?

It seems that you have more than time and money invested in this relationship. If you are not on title, at your husband's demise, where will you live? What happens to you?

You might wish to speak with your attorney about the benefits of a life estate or other real estate/financial options for you, in view of your significant investment in this relationship and your "de facto" wife status. Good Luck!

If your husband dies without a Will, his probate estate will be divided between his surviving spouse and his children according to the intestate statute. If he leaves a Will the terms of the Will will control. But if he omits you from his Will, you can, by statute, object to the Will and claim the share of a surviving spouse.

Retain an attorney if you have more specific questions than can be answered here. Good Luck!

You do not mention in your post explicitly that you are divorcing or planning on getting divorced. If you are not planning to get a divorce, and at this point expect that you will be married to your husband at the time of his death, the answer to your question will depend upon whether or not your husband has a will.

If your husband has a will, then the home will pass to whomever he has designated as the beneficiary of that property. If it is not you, you may still have certain rights to remain in the property as his wife.

If your husband does not have a will, his property - including his house - will pass according to the laws of intestacy. If that is the case, his estate (the house included) will be split between you and your children.

This really sounds like a situation ripe for conflict and could easily cost the family tens of thousands of dollars to sort out once somebody has passed.

My advice would be to spend a little bit of money now and prepare an estate plan that provides for you, your husband, and any children.

It is never too early to prepare an estate plan, and once it is too late, you have lost your opportunity to be heard and have your wishes honored.