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My husband and I have been married two years. If he were to die, would the home he had before our marriage go to me or his children?

Last Updated: May 29, 2009

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It depends on how the house is deeded (in his name alone or jointly as a co-owner with you or anyone else) and whether or not your husband has a will. If you (or anyone else) are not named or listed on the deed to the house and the house is in your husband's name alone, it would become an asset of your husband's estate upon his death. At that point, his will would determine the distribution of his estate property. If he does not have a will, state intestacy laws (i.e., rules for people who die without a will) would apply. For additional information about the best course of action in your situation, contact an estate planning attorney in the state where you live. We would like your feedback on this Personal Finance Frequently Asked Question.

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