Legal Question in Wills and Trusts in Ohio

Re: Will I own property when husband dies?

First, a will would certainly be a good idea, and not just because of your concerns about the house. That said, whether the house becomes your property upon your husband's death will depend on whether you are named on the deed, and what type of interest was deeded to you when the property was purchased. Whether you are a tenant in common, joint tenant, or have a tenancy by the entirety, effects what happens to the property if your husband dies without a will. With joint tenancy or tenancy by the entirety, the property will automatically become your property upon your husband's death. But, if you are a tenant in common, your husband's interest in the property passes by his will or the laws of intestate (no will) succession at his death. This means that ownership of the property could end up being divided into shares owned by you and other tenants in common. In this situation, all the owners have to agree on how the ownership of the property will be handled. If there is no agreement, legal action can be taken by the owners to force the partition of the property(division of the property in parts or division of the value by sale of the property.)

I suggest talking with an attorney to bet specific advice about your situation.

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