Legal Question in Wills and Trusts in Ohio

Spousal Rights

My husband and I have been married 8 years. He lived in

our home 3 years before I moved in; I have been there 9 years. He had deeded the house to me but now that he is

65 he wants to change it back to just his name. If I should survive him, what would happen to me as far as my home. Would the house automatically go to the spouse? I'm concerned about it. I would like to hold the title in joint tenancy so it would automatically go to me; but he

wants the house as part of his trust and said it can't be titled that way for trust purposes.

Thank you.


Asked on 11/29/06, 4:05 pm

1 Answer from Attorneys

Re: Spousal Rights

If you deed the house to him, the house will go according to his will or trust. You may have the right to remain in the house for one year after his death depending if he has an interest in the house. The house does not automatically go to the spouse. If he puts it in his trust, he can provide in his trust that it either goes to you or you can live in it for life. Of course, he can always change his trust. Consult an attorney prior to signing the deed.

Read more
Answered on 11/29/06, 7:18 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Ohio