Asked in Estate Planning for Illinois

Q: bought a house during the marriage wife name not on mortgage does the house go to wife after husbands death

He has other adult children outside of marriage. We live in Illinois bought a house during the marriage wife name not on mortgage does the house go to wife afer his death

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3 Lawyer Answers

A: Double check. Wife name should be on mortgage maybe note the note.

Mortgage has nothing to do with who owns it.

When you buy a house, you get a deed.

The deed says who owns it.

A: You'll need to consult with an attorney on this issue, as with all legal issues, because there may be more factors to consider (for example, if the husband is a resident of Illinois or if he is a resident of another state who happens to own IL real estate). Generally, if a person dies without a will and has both a surviving spouse and children, the surviving spouse will receive 1/2 the estate and the children split 1/2 of the estate.

1 user found this answer helpful

A: the house is marital property and the wife is entitled to a portion of the house. her not signing the mortgage is not relevant.

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