QUESTION
Do my husband's children from his previous marriage have any claim on my house if my husband passes away?
Asked on Jul 05th, 2013 on Criminal Law - Nebraska
More details to this question:
When I got divorced I was given a quit claim deed to my house in the divorce settlement in exchange for giving up rights to my ex husband’s retirement account. I remarried. We have been married 10 years and have made mortgage payments out of our joint account.
3 ANSWERS
Thomas Edward Gates
This is a gray area. The title is only in your name and as such, you own the home outright. But, you use communal money to pay the mortgage, so the portion of the house paid by communal property is jointly owned. If he was to die without a will, his 1/2 of the community property would be distributed - 1/2 of his 1/2 (1/4) to you and the remain 1/2 equally divided to the children. Your best option is to get wills drafted so the home goes to you.
Answered on Jul 09th, 2013 at 11:02 AM
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Depends how title to the house is held.
Answered on Jul 09th, 2013 at 11:00 AM
4 Awards
Not if you registered your quitclaim deed and/or your Decree. Separate property awarded to you in the divorce is just that...your separate property.
Answered on Jul 09th, 2013 at 9:57 AM