QUESTION

Do I own my home even if my name is not on the deed?

Asked on May 22nd, 2014 on Estate Planning - Illinois
More details to this question:
We bought the house in 2006 before we got married. We got married in 2008. My name is not on the deed because he got a VA loan. Do I legally own our home if he passes away before me?
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1 ANSWER

Commercial Attorney serving Chicago, IL at Ashcraft & Ashcraft, Ltd.
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If your name is not on the deed you are not considered an owner of the home. If your husband passes away while you are married you will receive an interest in the home through his estate unless he bequests his interest in the home to someone else in a Will. If Your husband could bequeath the home to you in his Will. If he has no Will and you are married when he passes and he has no descendants then the house would pass to you along with his entire estate. If you are married when he passes and he has descendants then one half of his estate would pass to you and the other half of his estate would be divided equally among his descendants. In this case the house may have to be sold to properly distribute his estate. The only way to make you an owner of the home would be to transfer an ownership interest to you by executing and recording a new deed. The best form of ownership of your marital residence depends on your situation. Many married couples own their home together either in Tenancy by the Entirety or in Joint Tenancy.
Answered on May 27th, 2014 at 6:29 PM

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