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legaleagle, Lawyer
Category: Family Law
Satisfied Customers: 13441
Experience:  Practicing attorney for 10 years
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I bought a house more than six years ago with a 30 year mortgage.

Customer Question

I bought a house more than six years ago with a 30 year mortgage. I plan to marry ths June. We are in our 50s. If he dies before I do, will his kids be entitled to half of my house?
Submitted: 8 years ago.
Category: Family Law
Expert:  legaleagle replied 8 years ago.
No they will not be entitled to half. But any contributions he makes to paying the mortage or maintence after the marriage until his death will be considered where he has some marital interest in any equity gained after the marriage and proportionate to his help. So if he pays half the mortgage and upkeep after the marriage for say 10 years, then his estate can claim half the equity gained during those 10 years but not for the 6 where you paid alone, and you get half of his equity and they get the other half. It would be better if he had a will that granted you any and all equity he may aquire in the house and state that his children are not to inherit anything in regard to the home it is to remain your sole property after his death.