Should my name be on the deed to our house?

UPDATED: Oct 19, 2017

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Should my name be on the deed to our house?

We dated for 27 years, then got married 2 years ago. My husband bought our property after we started dating and we built our house almost 20 years ago. My name is listed first on the mortgage loan we have through the bank I don’t recall if they call it a

Asked on October 19, 2017 under Real Estate Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It would be  a good idea to have your name on the deed:
1) First, if you and your husband own the home as "joint tenants with right of survivorship" (sometimes abbreviated "JTROS"), then if he dies before you, the home becomes yours instantly and automatically and does not need to go through probate.
2) If you are not on the deed as above and your husband passes away, unless he had a valid will leaving the house to you, his children will inherit a half interest in it--and could use that to force a sale, in which case, while you'd get half the proceeds, you'd also have to leave the home, which you might not want or be prepared to do.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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