Legal Question in Real Estate Law in Minnesota

Pre-marital Property (house) No Will

I have owned my home for 30 years. I have remarried and my husband is not on the title or anything - Without a will, what would happen to the house if I die first? Can I leave it to my children to sell and divide? Can my husband live in it? He had no property when we married. We've been married a little over 2 years.


Asked on 4/30/06, 1:58 pm

2 Answers from Attorneys
Steven Vatndal Law Office of Steven J. Vatndal

Re: Pre-marital Property (house) No Will

Without either an ante-nuptual agreement or a will in which the spouse waives his or her rights, a surviving spouse has some statutory rights to some property of the deceased spouse. The exact amount can't be determined in your case without more information. To assure that you can pass your house to your children without cny claim by your spouse, you should have a lawyer examine the sitation and probably draft an appropriate will.

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Answered on 5/01/06, 7:37 am
David Kelly-952-544-6356 Kelly Law Office

Re: Pre-marital Property (house) No Will

It's hard to tell without more information, but chances are your husband would wind up with a life estate in the house. That is messy. You and your husband both need to get to a lawyer and do some wills.

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Answered on 5/01/06, 11:43 am


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