Thomson, GA asked in Estate Planning and Probate for Georgia

Q: Purchased a new home in husband's name only. We have two children each, none together. What do I do to protect myself?

We purchased in his name only bc we currently have a flood damaged home in my name only (I owned it at the time of our marriage), pending storm water litigation. We could not purchase with both names bc of my responsibility with flood home mortgage, income to debt ratio issue. We have two children each from a previous marriage. What happens to my interest in our home in the event of his death? We have been married 11 years now, in the future I do not want issue with his children as it has always been our intention for our belongings to go to surviving spouse, then equally divided among four children at time of surviving spouses death. None of our children are minors, all over 20yo. Do we need to refinance or is there another option for me to be able to protect my home?

Related Topics:
1 Lawyer Answer
John W. Chambers Jr
John W. Chambers Jr
Answered
  • Estate Planning Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: Under Georgia law, if a person owns real estate in his own name and he dies without a will, the property would pass to his wife and his children. You should seek the advise of an estate planning attorney.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.