Legal Question in Wills and Trusts in Virginia

Question: The home and property that my husband and I live in is in his name only. I would like to know if my husband died before me would the home and property come to me since we are married? My husband has not been previously married and he does not have any children.


Asked on 5/25/10, 8:22 am

1 Answer from Attorneys

Jonathon Moseley Moseley & Associates Law Firm

Yes, you would inherit the property upon his passing, even without a will.

The laws regarding inheritance without a will are generally common sense, with a few twists.

So even without a will, a wife would automatically inherit a house from her husband if there are no children from a prevoius marriage.

Obviously, this question does not occur in a vacuum. If you are planning your financial future, you should also consider that the house needs to remain in your husband's name until the time that he dies. If there are any creditors, debts, problems with paying the mortgage, etc., this could interfere with the husband's ownership of the house, and therefore the wife's ability to inherit it. The wife can only inherit what hte husband owns (still owns at death).

You should proably consider life insurance as well as the house.

Because you would be directly affected, you may be able to take out life insurance yourself on your ability to be supported in the event your husband is lost.

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Answered on 5/25/10, 11:43 am


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