Legal Question in Real Estate Law in Missouri

My husband and I each have 2 kids from a previous marriage. We purchased a house where he is on the loan and we both are on the deed. If I die does my portion of the house go to my ex-husband as my children are currently minors, or if my current husband decides to sell the house does my ex have rights to the money? I am hoping to have it in a trust account for my children if that occurs that he would not have rights to. Does his ex wife have rights as well? Please advise


Asked on 12/06/10, 7:47 pm

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

In most cases Husbands and Wives own real estate as tenants by the entireties, a form of joint tenancy. If this is true in your case, then the ownership of the real estate immediately goes to the survivor of you and your Husband upon the death of either one of you. So, if you die first, your Husband owns the house. If he dies first, you are the owner of record, but that does not take into account any existing debt secured by the real estate. If there is "mortgage insurance" the debt may be paid off. If not, you may need to continue making the mortgage payments or otherwise make arrangements with the existing lender. I see no reason why anyone's "ex" would have any rights whatsoever. You may benefit from sittingdownwith an attorney to discuss this topic along with the topic of estate planning.

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Answered on 12/14/10, 9:11 am


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