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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 99492
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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married a man and moved in in his house, been together for

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married a man and moved in in his house, been together for 3 years. love him. what if something happens to him , will i be able to stay in the house( we both paying for)or his kids have a right to posses a house. we dot have any wills yet
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

Can you please tell me if:

1) he has put your name on the deed of the house, or, you are not sure, and

2) do you know if he has a will?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 3 years ago.

no will , and my name is XXXXX XXXXX the deed.we do think about making will but we dot have it yet

Thank you for your reply, friend.

Under RCW 26.16.010, this would be considered the separate property of the husband. In other words, it is not yours, but his.

If he does not have a Will, then all his property (including the home) is divided by default succession law, which may be found here. This means that you would get HALF of his property automatically under the default laws, which may include the home, by default.

However, if he writes a will and leaves you out of it, you may not get the home. So you may wish to remedy this in one of two ways:

1) Have him draft a Will (let me know if you need a free template by using the REPLY button) that gives you the home; or

2) Have him add your name to the deed (if he does,he cannot write you out of the will, at least for the home, as it becomes half yours).

Either way, you would then secure the home, so to speak.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 3 years ago.

still confused, what you mean half mine, r u saying in case of divorce or his death? yes , please provide me with a free will template. thx


I apologize - allow me to clarify.

1) If he passes away without stating in his will that the home is to go to you, then you automatically get half of his property. Now, what "half" means is subjective and is up to the Court, but, it normally includes the home you and he were living in. So this is the "weakest" possibility.

2) If he puts your name on the deed, then you normally would get the home.

3) If he writes in the will that you get the home, then you get the home - this is the "strongest" possibility to secure the home.

Now, number 3 (the will) is the "strongest" way to secure the home for yourself. As such, it is best that he writes a will that gives the home to you. A sample will can be found here, here, and here. The first link is best in my opinion - scroll down to Download a Free Generic Last Will & Testament and see "Sample of Free Married Couple Last Will & Testament."

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely and 5 other Legal Specialists are ready to help you
Customer: replied 3 years ago.

do his kids have any right for house possession?

IF he does NOT give the home to you in the will, then, they may get the right to half the home. So this is why it is so important that you have him include you as inheriting the home in the will.

Customer: replied 3 years ago.

what if we get a divorce in a few years , do i have any right for the house?

In a divorce, you do not, unless he puts your name on the deed prior to the divorce.

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