If my spouse passes and the house is in his name only, will it come to me?
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If my spouse passes and the house is in his name only, will it come to me?
My husband is not doing well; he’s been in a rehab/nursing home. I’m not sure if he will get healthy or not. The house is his; my name is not on it. If the worst happens, do I have rights to get the house? There are no children
from this 20 year marriage.
Asked on August 14, 2019 under Real Estate Law, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You do not mention a will, so for purposes of this answer, we will assume there is none. When there is no will, property is inherited according to the rules of "intestate succession." If he had no childen at all, whether with you or from before your marriage, you will inherit everything, including the house (though will have to go through the probate process to have title transferred to your name). If does have any children, they and you equally share all his assets, money, and property, except that your minimum share, regardless of how many children there are, is 1/3.
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