I purchased a home in my name only before 2nd marriage.May I leave this to my children?will my 2nd husband have rights

Question

I originally purchase with 1st husband in 2001 divorce him and boight him out in 2005 . solely in my name only.  Remarried in 2015, does the new husband have rights to my property? Or may I leave the property to my two children from a previous marriage in the event if my death?  My current husbamd and I have no kids together.

Mark Oakley · Answer

While the home at the time of your second marriage is deemed premarital, if you continued to pay the mortgage after your marriage or spent money to maintain or improve the home (like an updated kitchen, new roof, etc.) then a portion of the house may be deemed marital property. A court in a divorce ordinarily would address such a claim by awarding your second husband a monetary award or additional shares of other joint assets to equalize his interest, assuming a judge decides he has any interest or it is equitable to do so. There is a second, more serious issue, however: what if you die while still married? If the house is in your sole name at your death, it doesn’t matter what your will states, because your spouse is entitled to claim a minimum of $15,000 plus one-third if their deceased spouse’s estate. The only way to prevent this result is with a post-nuptial agreement whereby he waives his interest in the home, or by adding your children as joint owners with right of survivorship on the title (generally not a good solution because then you expose your home to creditors of your children and make sale or refinancing a problem, plus you lose certain tax advantages). You should consult with a lawyer on how to address this issue.

Q: I purchased a home in my name only before 2nd marriage.May I leave this to my children?will my 2nd husband have rights