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Ask Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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My husband I married recently, he owned a house I live in an

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My husband I married recently, he owned a house I live in an apartment, we are not young and I worry if something happens to him I'll need to find a place to live, with our six dogs. Because my names not on the mortgage or deed! Can his family have me thrown out if something happens to him? We live in vermont
Thank you for your question. Please permit me to assist you with your concerns.

That is a good question. Do you know if there is a will in place, or any other documentation? Please advise so I can best assist you!
Customer: replied 3 years ago.

There is no will, but he has three grown children and an ex wife that's not happy about me being in the house.

Thank you for your follow-up.

The ex- wife may not be happy but the choice is not hers to make, but yours and your spouse's. In this instance speaking to him over creating a clause in the will denoting you a 'life estate' in the property would be wise. If you do not want to own the home but just want the right to live there, your spouse can designate this right as part of his estate so that his family, be it his kids or his ex-spouse cannot claim rights to the house and evict you post passing. You do have an automatic right to claim what is known as an 'elective' or a 'forced' share in the estate if he passes without a will, or with a will that does include you in any way, but that may be expensive to fight and it may be acrimonious. Plus, if the property is already in trust and not under your husband's name, it would bypass probate and you would have no rights to remain on premises. This is why having this already in writing in advance is so important to you. I also realize that this may not be the easiest conversation to have with your spouse, but explain to him that you simply want to make sure that you aren't left in a weaker position if he is gone. Pursuing such an option is likely in your best interest.

Good luck.

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