Separate Property

Guest

My husband and I have been married for two years and recently we purchased a home. My problem is that the house was purchased as sole and separate property, in my husbands name. The down payment came from a gift from his father, I don't know if that why. My first question is if my husband dies, do I have any rights to the house? or will my mother and father-in-law be able to just throw me out. I have some health issues so I do not have a job and I rely completely on my husband for income. My husband says he wants to provide for me in the event of his death, is there some legal document I should have him sign? Incase we get divorced, do I have any rights to the house? We were married in Las Vegas, NV but we have always lived in arizona. Any input would really help. thanks

Niicss · Posted: Fri Oct 16, 2009 3:11 am Post subject:

As your name is not on the property deed, you will not have any rights to the property. However, you can file an affidavit of heirship and transfer the property in your name after his death. You can ask him to sign a quitclaim deed and add your name to the property deed.

Arizona is a community property state, if the property has been purchased from the community funds, then you would have rights to it. However, consulting an attorney in this regard would be beneficial.

gmakerley · Posted: Sat Oct 17, 2009 8:43 am Post subject:

now i do not live in a community property state, so i'd like to be clued in. it's my understanding, from what i've read throughout the years, that a spouse who is not an owner of a home is entitled to a portion of sales proceeds regardless of that ownership situation.

your post, niicss, seems to contradict that. what's the deal with community property? who knows - i might someday live in one of those states.

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