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What are the pros and cons of not having your name on the deed or mortgage to your home? We also have no will.
Anonymous2 views3 answers
Husband insists that the house would automatically be mine as his spouse and the mortgage would be paid off .
He says he has insurance through his mortgage that the house would be paid off but he bought the house before we married and my name isn't on any paperwork.
How would I find out if the house has insurance that says it is paid off if he dies and if I, as his wife that is not named as a beneficiary, have sole claim to the paid off home.
We also have no will.
Your husband is pretty far off the mark. Without a Will, you are entitled to a spousal's "elective share," which is not everything. Also, his unpaid mortgage would remain a lien on the house and it will have to be paid off or refinanced. And mortgage insurance won't step in and eliminate the lien. You folks really, really need competent legal advice on this stuff!
If you are not on the deed, then you do not own the home. When you get married, everything acquired after the date of marriage and during the marriage is considered "marital property." The fact that your husband owned the house before you got married means that the house is his and his only unless he placed you on the deed. It is not and would not be considered marital property.
You really need to speak with an attorney to have these things sorted out, because, as my colleague said..your husband is way off the mark.
I agree with both previous answers and would add that even if your husband refuses to see a lawyer, you should. Ask the lawyer to put his advice in writing and spell out the consequences. That way you will at least have something to take to your husband if he stills insists he is right.
