Legal Question in Real Estate Law in Pennsylvania

My husband bought our house before we were married. he is refinacing the house in pennsylvania without my name listed on any paperwork still.

who gets the house if he dies? do i have any rights on the house if we divorce or something happens to him?


Asked on 1/24/11, 2:05 pm

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

You and your husband should be talking about financial matters and property ownership.

If the house remains in his name only:

When he dies, if you survive him, whether or not he has a will, you would be able to claim a spouse's share, which varies depending upon whether you had children with him or not. If you divorce, you also have the right to claim an interest in his property.

What your specific rights would be in each instance depend on a number of factors, and you should consult a lawyer to find out what your rights and options are.

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 1/27/11, 6:15 pm


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