I live in Florida. My Husband and I have been married for 7 years. We have been together for 20 years. When we met, I moved in with him. It ...

Question

I live in Florida. My Husband and I have been married for 7 years. We have been together for 20 years. When we met, I moved in with him. It was his house--he was buying it--the house is now paid for. My name is not on the deed. If he should die before me--would the house automatically be mine or would I have a problem, if his children were to step into the picture. My Husband thinks that since we are married, there would not be a problem, that the house would be mine. I think that I should have my name put on the deed, which my Husband does not have a problem with that. What should I do???

Answer

It depends. At worse you would have a life estate interest. At best you would own it. Either way, it would require a court procedure which is easily and cheaply avoidable. On top of that, seeking to avoid the court procedure would also reduce family friction and quicken the process.

I would recommend a consultation with an attorney to verify what the answer actually is to this situation, and seek avoiding the court proceeding.

Answer

I agree with Richard Kaplan. If at the time of your husband's death, your husband is survived by minor child, you will have a life estate with the remainder to your husband's children or their lineal descendents (grandchildren, etc.). However, if that was the case, you would have the right to the remainder and it would limit your ability to borrow money or to sell.

If there are no minor children, then it depends' on your husband's will.

Based on what you are saying, you are correct that you have a problem were his children to "step into the picture" - in fact, you would have a problem regardless.

If you want more than a life estate, one option common in Florida for husband and wife to both be on the deed. Your husband could execute a quit claim deed to both himself and to you. That would be simple, and an easy solution as long as you follow the requirements for a deed (it should be relatively for a lawyer to do just that if you explain that you want to create a joint tenancy by quit claim).

My spouse and I are both real estate lawyers. We did just what we are recommending to you, in similar circumstances.

Answer

CORRECTION- typo: However, if that was the case, you would NOT have the right to the remainder and it would limit your ability to borrow money or to sell.