who will have legal rights to our house after my husband passes?

What happens to the property if your husband dies first will depend on a few of things. First, whether or not the house is community property, quasi-community property, or separate property.  You will get all of the community or quasi-community property and a 1/3 portion portion of the separate property, if your husband does not have a will. Second, whether or not your husband has a will that directs the disposition of his separate property.  Your husband's will can direct the dispostion of his separate property. Third, the vesting under which you and your husband hold title to the property.  If you hold title as joint tenants or as husband and wife as community property, then the surivior should recieve the property.  If you hold title as tenants in common, then you do not have the automatic right of surivorship. The best thing to do is stop guessing at what will happen and talk to an attorney about estate planning.  A standard estate plan can be completed for $1,500.  That's way cheaper then going through the time and expense of probate.

It really depends on how you are on title. If the title says "as joint tenants," or "in joint tenancy," or "as community property with rights of survivorship" the property transfers to the surviving spouse. So whoever outlives the other should get the property. On the other hand if you are listed as owners, on the property, without the above descriptors then you each own part of the house and there could be a mess after death. In any event I strongly encourage you to find an experienced estate planning attorney in your area so you can get all this cleaned up and set up right. If you aren't sure your spouse will be in agreement with you then you might hire your own attorney and look out for your own interests. Good luck. -John