Legal Question in Wills and Trusts in New Jersey

I am married to a man who has a home but my name is not on the title, mortgage, or deed, if my husband dies, would the house be automatically transfered to me? He also has children from a previous marriage, so I wasn't sure if it would go to his children instead of me.


Asked on 10/14/11, 10:50 am

2 Answers from Attorneys

Larry Raiken Larry S Raiken LLC

His house would pass according to his will

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Answered on 10/14/11, 11:10 am
Miriam Jacobson Retired from practice of law

If there is no will, he would be considered "intestate" and the estate would be shared according to the state law.

If he is survived by children who are not also your children, you would be entitled to receive the first 25% of the estate, but not less than $50,000.00 nor more than $200,000.00, plus one-half of the balance of the intestate estate. The rest of the estate goes to the his children. The house would be considered part of the value of the estate, so if it is worth more than $200,000.00 + 1/2 of the balance of the estate, you may have to work something out with his children as to how the rest of the value of the house will be paid to them. Or, you and they may have to sell the house to divide the proceeds as part of the estate to be shared by you and his children.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 10/14/11, 11:58 am


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