Legal Question in Real Estate Law in Missouri

I live in the state of Missouri. I am divorced and own my own home. The mortgage and title are in my name only. I am about to remarry and am wondering, if after being married, I pass away, will my house automatically go to my husband even though his name is not on the title, or would it go to my only child (after probate, I realize)? I am thinking of having a quitclaim deed to add my married daughter's name to the title to avoid this. Would that work?


Asked on 8/30/10, 6:20 am

1 Answer from Attorneys
Anthony Smith LawSmith

The quitclaim deed might help. But, Missouri has strong support for surviving spopuses. Are you sure you want to marry someone that you don't feel confident would assist your daughter, should you pass. It seems odd that you are so concerned about your husband getting your home. You may be headde for divorce number two. In that case, your quitclaim deed to yrou daughter and yrouselfm, might make you have to give other property to your new ex, in compensation for you getting the house. Or, he may get yoru portion and be cotenants with your daughter. That could also happen if you pass Perhaps you can grant a life estate to yrou hyusband, with your daughter getting the house after that. In that case, a beneficary deed may be better.

You may want to consult directly with a probate attorney in your area.

Good luck

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Answered on 9/06/10, 4:05 pm


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