Once the house is in probate, it goes in my husband’s name and if he divorces me, do I have any claim on a portion of the house?

Your post is not very clear. How was the home titled? If your husband and his former wife owned real property together as husband and wife, then on the death of the wife it would automatically pass to the husband. It would not be in probate. If they owned property as husband and wife but then divorced, the divorce would sever the husband wife relationship and they would then own the land as tenants in common. What this means is that 1/2 of the property would be owned by your husband and 1/2 by the former wife. If the former wife died, the wife's share of the land would pass to the wife's heirs under the intestacy law if she had no will. The intestate heirs are any spouse (assuming the wife re-married and was living with her new husband at the time of her death) and the wife's children. Having people own property jointly like this is very bad. Someone should buy out the share of the other. If the land was solely in the wife's name and if there is no will, then how is it possible for your husband to inherit the land at all? He is not an heir of his former wife unless he was married to her at the time of her death. In such case, he would only get a 1/3 interest in the land or possibly the right to live in the property. So how is it that he inherited it? When spouses divorce, property is classified into groups - separate, marital and divisible. Marital is anything acquired while your husband is married to you. Separate property is anything that your husband owned in his own name prior to his marriage to you or property acquired by him by gift or inheritance. If your husband owned the land prior to marriage to you, its separate. If he acquired the land by inheritance its separate. Either way, you have no claim to it unless your husband commingled it with marital assets. He could do this by refinancing the house or putting your name on the deed. What I suggest that you do is, if you are considering divorce, gather information about ALL of the assets, regardless of whether they are marital or separate and discuss this with a family law attorney to see how the assets would be treated in equitable distribution. And let your husband's experience with his first wife serve as a lesson - you need a will, especially if you are considering getting a divorce.