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My husband and I have have been married over 20 years. He had one son; I have 4 sons. His name is the only name on the morgage of our house. Can his son take the house or does my name need to be on the loan? He is on drugs and I fear I will lose our house when my husband passes. He is in a nursing home with bone cancer and will never come home.

Asked on August 9, 2018 under Real Estate Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If there is a will, it goes to whomever he willed it to. IF there is no will, then it goes by "intestate succession," or the rules for who gets what in the absence of a will. In that case, in your state, if his one son is with you, you inherit everything; if his one son was with someone else, you get 1/3 his estate (i.e. 1/3 the total value of what he leaves behind) and his son gets the other 2/3.


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