Q: If property is deeded in my husband's name, will that ownership pass to me upon his death?

A: There are two parts to the question. The first being the nature of the interest that was transferred to your husband. If your husband holds his interest as a tenant in common, then his interest in the property would pass subject to his will if one exists, or the laws of intestacy, subject to your rights as a spouse. If your husband is a joint tenant with right of survivorship, then his interest in the property would lapse at his death, and the surviving of the siblings would be the sole owners of the interest in the property.

The second part of the question relates to who would receive your husband's interest in the property, if he holds the property as a tenant in common. If your husband has a valid will naming you as the sole beneficiary of the estate, the tenants in common interest would pass to you. If your husband had a will naming someone else, such as children, as the beneficiaries, or had no will at all, his estate would pass to those beneficiaries or heirs at law, subject to your claim of spousal rights.

If the property is held in joint tenancy, your husband could take actions to sever the joint tenancy, if one exists. In either case, your husband could petition a court to partition the property, which would compel the sale of the property and the division of the net proceeds among the named owners of the property.

You should consult with an attorney about the specific circumstances. You should obtain a copy of the deed or probate order that assigned the interest to share with the attorney with whom you consult.