How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 102601
Experience:  Fully licensed attorney in Texas in private practice.
7286322
Type Your Estate Law Question Here...
Ely is online now
A new question is answered every 9 seconds

I bought a house three years ago and my husband is paying

This answer was rated:

I bought a house three years ago and my husband is paying the mortgage. He has terminal cancer. We have a nine year old daughter and he has an adult son from his first marriage. Can this stepson claim my house as inheritance? The title of the house is on my name only. We live in WA. How can I avoid to share my house with the stepson?
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: WA State
JA: What documents or supporting evidence do you have?
Customer: The title of the house
JA: Anything else you want the lawyer to know before I connect you?
Customer: My husband has no assets. When he passes away our nine year old daughter has nothing to inheritance. His son is an adult young married man and lives in Florida.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

I am very sorry to hear about this situation. Please tell me if the home was purchased BEFORE, or AFTER marriage? And, with whose money? Did that money come from work, or, an inheritance? Finally, whose name is ***** ***** deed of the property?

Customer: replied 2 months ago.
The house was bought after marriage, only three years ago. I put the down payment with my money coming from inheritance. And my husband is making the mortgage payments. The title of the house is on my name.

Then arguably, the answer is no.

in WA, half of the community property and quasi-community property automatically goes to the surviving spouse.

However the home is separate property if it was purchased with INHERITED MONEY and ONLY YOUR NAME is ***** ***** deed. If so, someone in your situation would have to SHOW THIS to confirm it as being separate property, and then it should not be considered part of community property, and thus not subject to division in estate. THE SEPARATE PROPERTY FACTORS HAVE TO BE PROVEN BY CLEAR EVIDENCE.

Note however that the beneficiaries of his estate may be able to seek a bit of money for the amount that his estate put in for the mortgage.

"I STRIVE FOR FIVE!" My goal is to answer your question to your satisfaction. Please rate with five stars (★★★★★) and click SEND. It does not cost anything extra to rate. You may need to scroll left/right/up/down to see these stars. Rating my answer the bottom two stars or failing to submit the rating reflects poorly on me, even if my answer is correct. If you are not satisfied for whatever reason, or, have follow up questions, please simply reply with SEND before or after rating and let's continue to chat until you are satisfied. This is what I am here for.

Ely and 5 other Estate Law Specialists are ready to help you