Legal question- if my house is not in my name?

amother

Tue, Jun 04 2019, 11:29 pm

When our house was purchased I was not at the closing. All legal documents only list my husbands name. (Title,deed..)
I know each state has different laws. We live in NJ.
I’m worried what will happen if chv”s dh dies. Does the house automatically become mine?
We have a marriage license to prove marriage. We have children...
Would anyone else be able to take the house away from me?
DH believes that the house automatically gets passed on to the spouse even if it doesn’t have my name anywhere.
Anyone know?

amother

Jade

Wed, Jun 05 2019, 1:56 am

Get your name on the deed. A real estate or family law attorney can tell you how to hold title in your state so that you get 100% of the house without going through probate in case he does first.

In many states this is much better than going through a will. It an sabe a lot of time, money, and heartbreak.

ETA: “how to hold title” means that both names are there on the deed, but how you hold title is important. I don’t know NJ law, but some ways of holding title mean that upon death, the other person on title has 100%. Other ways mean that the surviving person may only have half. So it’s important to both be on title AND to “hold title” in the right way. This will make sense to any attorney you talk to.

amother

Aqua

Wed, Jun 05 2019, 7:05 am

Get a Halachic will (both a secular will and a schtar) to ensure you get the assets and not just maintenance halachically.

If you're husband dies with out a will, it is an intestate estate. You should technically get everything, as long as he does not have other children that you are not biologically related to ( for example a prior marriage etc).

However, it's better and easier to just get a will. Or transfer the house to a joint tenancy by the entirety where you will owen it when he passes.
Just emphasizing that you should make sure to get a shtar chatzi zocher/halachic will, to make sure it's halachically ok and to allow your girls to inherit. Aylor

amother

Silver

Wed, Jun 05 2019, 7:14 am

amother [ Aqua ] wrote:

What if he has living parents?

amother

Aqua

Wed, Jun 05 2019, 7:22 am

I'm pretty sure that as long as all the children are yours as well, the parents do not inherit. This explains it pretty well.
https://www.nolo.com/legal-enc......html
To confirm, please check with a estates and trust lawyer in NJ.
ETA: if children c'v don't survive, the parents can get something.

amother

Lavender

Wed, Jun 05 2019, 7:53 am

OP, to answer your question, Would the house automatically go to you, NO.

The house would be divided between you and your children according to the amounts described in your state's statute. This might not mean anything practically until it comes time to sell. But if you wanted to sell and the children are still minors, it would get very complicated since the children would be too young to (legally) consent to the sale or even to manage their share of the sale proceeds.

Even if you wanted to sell when the children are already adults, you'd need to do a probate proceeding first, and again, your kids would still be entitled to their share of the proceeds.

Want to add that of course I don't know you and can't advise you based on your specific situation; this is just general information.

amother

Aqua

Wed, Jun 05 2019, 8:04 am

amother [ Lavender ] wrote:

No, no, and no. This is not true in any state. I'm not sure what this is based on. The NJ statute is linked to:
https://law.justia.com/codes/n.....-5-3/
If you and your husband do not have other children (from first marriage, etc), you get all.
Please note I'm not a trust and estate attorney. This is not legal advice. Please write a Halachic will to ensure everything is ok according to halacha.

amother

Lavender

Wed, Jun 05 2019, 8:14 am

amother [ Aqua ] wrote:

You're not an attorney yet you claim to know what is not the law in ANY state?? Scratching Head

I'll repeat what I wrote above, "The house would be divided between you and your children according to the amounts described in your state's statute". If it wasn't clear, the scenario I described would be the case in a state where the children are entitled to a share under their state's statute (like NY).

As for a halachic will, that's great but totally irrelevant to who holds title to a deed.

amother

Aqua

Wed, Jun 05 2019, 8:27 am

amother [ Lavender ] wrote:

You're not an attorney yet you claim to know what is not the law in ANY state?? Scratching Head

I'll repeat what I wrote above, "The house would be divided between you and your children according to the amounts described in your state's statute". If it wasn't clear, the scenario I described would absolutely be the case in a state where the children are entitled to a share under their state's statute.

As for a halachic will, that's great but totally irrelevant to who holds title to a deed.

I'm an attorney licensed in NY and NJ. Not a trust and estates attorney. I haven't thought about t&e since law school, which was quite a long time ago. Somehow when reading your post, I did not see the word you, thought you wrote only the kids inherit, and I can't imagine an intestate statue that disinherits the widow in favor of the kids. They are mostly similar across each state. Anyway, it's irrelevant. NJ statute clearly says she will inherit. This is not legal advice and I asked her to confirm with a NJ t&e attorney. I recommended a Halachic will, because I advised her to write a normal will, and in order for her not to be stealing the assets from her son (her sons own the title under halacha), she needs a Halachic will. As a frum Jew, I generally advice people to keep halacha and I'm sure op wants to keep halacha. Under halacha, a widow doesn't get the title to the assets. A widow only gets maintenance. So if she doesn't want to rely on her sons to give her maintenance and wants title, I recommend a Halachic will along with the secular will that I advised her to write.

amother

Lavender

Wed, Jun 05 2019, 8:44 am

amother [ Aqua ] wrote:

Ok. Thanks for explaining. And when I read the OP I missed where she said she's in NJ. I learned something from your post, actually, because NY and NJ law are quite different, it seems with respect to intestacy and what children do or don't inherit when there's a surviving parent. I've only been familiar with NY law.

A will passes assets on death. So in order to not be stealing from her son under halacha, as you put it, it would be her dh who would need to write a halachic will so that the house goes to her upon his death.