Legal Question in Wills and Trusts in New York
I bought my house 10 years before I married. Five years ago I bought another house that I rent using equity from my 1st house as a down payment.
Does my husband have ownership in both my houses? He contributes with the mortgage payments. Also, I don?t have a will, who gets the houses when I die. I have a son from a previous marriage and a daughter with my husband. He has 2 adult children from his previous marriage.
1 Answer from Attorneys
To answer your first question, I think you are confusing \"ownership interst\" with \"marital interest\". Your husband has a marital interest in both houses, and if he is not on the deed, does not have an ownership interest.\n\nTo answer your second question, if you do not have a will you die intestate. Your estate (which includes each house) is distributed 1/2 to spouse + $50,000, remainder of the estate to children to be divided equally. Your husband\'s 2 adult children from his previous marriage are not distributees.\n\nMike.
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