House Title and Property agreement
My husband and I bought a mobile home with land and big car garage 2years ago. We don’t have a property agreement. The house title is only my husband’s name. He has 3 sons from previous marridge. If my husband passed away in the future, do I have to sell the house or hire the layer to keep the house??
Re: House Title and Property agreement
Your question seeks a simple “yes or no” answer, but is more like a lot of questions in one. Typically, property that is acquired during the marriage is “community property” unless it is a gift or inheritance to just one of the spouses. If that is the case with your residence, it is community property, unless there are other factors, some of which can be a community property agreement or joint wills, etc. My guess, based on my limited knowledge from your question is that your residence is community property in nature and absent anything else to change things, would vest in (become owned by) you at his death (or vice versa, if you should die first). If you need more information or certainty, please contact me to provide me with more information.
Charles Cruikshank
Cruikshank Law Office-Since 1975
108 S. Washington St. #306
Seattle, WA 98104
Re: House Title and Property agreement
My only additional comments to Mr. Cruikshank’s comprehensive reply is that if you would like to decrease the amount of attorney’s fees and related expenses at the time of your husband’s death to insure transfer of the home into your name you and your husband may want to strongly consider executing Wills AND a Community Property Agreement, if applicable.
Bruce Busch
Bruce R. Busch, Attorney at Law
6511 39th Ave. NE
Seattle, WA 98115