Dallas, TX asked in Estate Planning for Oklahoma

Q: I married a man with adult children. We bought a home since. If he passes can they take the home from me?

All children were on their own. Previous spouse deceased. Mortgage comes from my account. Other Bill's from his.

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1 Lawyer Answer
Richard Winblad
Richard Winblad
  • Estate Planning Lawyer
  • Edmond, OK
  • Licensed in Oklahoma

A: A couple of things. Under Oklahoma law for property located here.

If deed named you and your husband as Joint tenants with right of survivorship then the property will belong entirely to you (subject to the mortgage) by filing an affidavit of surviving joint-tenant with his death certificate.

If it was not owned a joint tenants, you may also be entitled to occupy the home under spousal homestead if you are occupying the property as your primary home.

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