If he were to pass before me, would I be able to stay in our home?

Inherited property is the separate property of your husband. Upon death, it would go 2/3 to the kids and 1/3 to you. You should get hubby into an estate planning lawyer ASAP.

The home is his private property although you might be able to recover the amount of mortgage payments you made. If he dies without a will, the property would go to you and his kids [percentage depends upon which state you live in], but one owner can not kick the other owner out or charge them rent, even if that person owns less than half of the property. Nolo Press prints good books on how to make a simple Will. If he is worried that if after he dies you will sell the property or will it to someone else, he can give you a life estate that you own the property while you live and then it passes to his children. He could also make a trust to hold the property with the same terms. It is probably worthwhile to spend a few hundred dollars to see a local probate attorney to discuss what is best for you. He should be told that once he dies, it would not be in the least abnormal if there was a big fight between you and his children, even if they seem to get along well with you now. ?Money changes people's behavior.