Community Property or No?

[tngirl911]

My apologies if I am not posting in right discussion. My husband has full custody of his two young sons and was awarded their home in a divorce about 7 years ago. He refinanced in his name only and had her name removed via a quitclaim deed. We have been married about 5 years and I moved into the home with them at that time. Since stepparents have no real claim to their stepchildren and the law basically defines me as a legal stranger to them, in the event of their father's death they would be automatically given to their mother. I am not on the mortgage nor am I on the deed to the home. We never really thought about what would happen to children and home and all of our property if something were to happen to my husband but we are preparing to redo our wills as a married couple (I have two children from first marriage as well.) If I am not on the home's deed or mortgage - what happens to the home we share now? Can he state in his will that I am to get the house? Is it assumed I will since I am his wife? Or will his ex-wife be able to move it since she will have the children? Thanks

 

[Duranie]

His ex wife should have no claim to the house at all. You should get the house and your husband might want to consider adding you to the deed as joint tenants with rights of survivorship.

 

[tngirl911]

Thanks so much. I appreciate your help.

 

[dee_dub]

You should look into the intestacy laws in your state. Your wills may have been invalidated by your marriage. Until you get your new wills made, what happens to the house, and the rest of both of your estates, might be determined according to the law rather than according to what your wills say. I would echo Duranie's comment that it is unlikely she has any claim to the house and that he might want to add you as joint owner.