What happens to the house?

**buglebe** · 10-05-2010, 07:43 PM

When a man and woman are married and the man has 2 children by a previous wife and he dies , who does the house go to? The house is in the man's name entirely thought the man and woman built it together.
They have been married 11 yrs. Thanks, anyone who knows.

**Advertisement** · 10-05-2010 07:43 PM

**gmyers** · 10-05-2010, 07:54 PM

I don't know for sure but I would think the wife he was married too would get it unless he put it in a will to go to his children. She should have made him put her name on it too.

**sheasherry** · 10-05-2010, 08:23 PM

i think if the man is married to a women and he dies ,and they are still married at the time of his death , his wife will get his estate unless he has willed it to someone else. if i am reading this right ,he remarried after his first wife and him were divorced. if he wasnt married to someone else then i would think his estate would go to his nearest relitive which are his children . jmop

**janelle** · 10-05-2010, 08:24 PM

I hope you are married, if not get that done yesterday. Then make a will for the both of you. Make it clear the house is yours and put all your assets in joint ownership.

If your husband loves you he would be concerned by this. My hubby also says the kids should not be given any money until they are 35. Until then people usually are not going to keep money safe for their future. You need to protect yourself. I am in the same situation and my hubby is making it safe for me. If a man cannot do this then I would question his love for me.

**jedmatters** · 10-06-2010, 05:47 AM

Depends on the state.
In Texas: it would go like this:

The wife would get LIFE residence in the house, and possibly up to 50% of the house value. If she could prove that they were married when the house was built or purchased, and it was purchased/build with community funds: meaning earnings, not inheritance ormoney from prior to the marriage.
His children would get his 50% if the house is proven in court to be part hers. If not, they get 100% pf it, with her being allowed life residence. They can not sell the house, as long as she lives there.

But since she lived there with him, married: she will get life residence, and they can not kick her out, but she cannot will the house to anyone. And she cannot sell the house without his children's approval.

Seek a probate lawyer for the state's laws

**sunniekiss** · 10-06-2010, 07:02 AM

There are several variables. Is her name on the deed? Was there a will in which he left his half of the home to her? Did she sign a pre-nup?

**mosdata1** · 10-06-2010, 07:14 AM

In most states, if there is no will, the estate goes in this order:

1 - spouse
2 - children
3 - parents
4 - siblings

I have been through a few deaths on DH's side of the family & no one believes in writing out wills. When DH's cousin died recently he wanted to leave everything to his 'mother' - only problem: his mother was actually his aunt & she never formally adopted him. He also had a DS, of course it all went to him.
I kept telling both of them, that should something happen to his DS, then everything would go to his bio mother, who was still alive, if he did not write out a will.

Real Estate however will have to go through probate. He really needs to make out a will, if he is still alive, or she just needs to make sure that her name is on the deed to the house.

**FreeBnutt** · 10-06-2010, 08:05 AM

Make sure title is held BY SURVIVORSHIP, then probate is unecessary for the real estate.

example: John Q. Public and Jane Z. Public, Held by Survivorship

Especially with capital gains going up to 55% next year for the death tax.

**mosdata1** · 10-06-2010, 08:39 AM

^^ is true. As long as he is still alive, her name should be added ASAP.

**jedmatters** · 10-06-2010, 02:33 PM

Ok, in Indiana: it reads as this:

surviving spouse gets 50% of the home, if it was purchased after marriage. If it was purchased prior to marriage, then the amount paid into the mortgage will be considered when figuring the percentage: then some figures that require a PhD in Math to figure out

The children get the rest of the value of the home. If there are not surviving children, then it goes up one level (his parents) who will inherit his percentage of the home.

If they are no longer alive, then it goes down two (meaning grandchildren).

If no grandchildren: it goes out one (siblings).

Unless there are no relatives within 7 steps, then the spouse can file to have the property.
Then entire process must be validated by a probate court.

Therefore, no matter what the result: there is no legal hold until a judge declares it so.

WILLS OVERRIDE THE INHERITANCE STEPS. You can leave anything to anyone, in whatever percentage you want in a will.
And, you can lesv eout anyone you want in a will. MAKE A WILL, with instructions to have it probated immediately! Without probate, even a will is useless.

**Kelsey1224** · 10-06-2010, 04:15 PM

As you can see, there is no set answer. It depends on the state, whether the house is owned by a person, a trust, etc.

When someone dies intestate (without a will)...who gets the property can be as simple as the surviving spouse to a formula which splits it between surviving heirs

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