Q: Can my spouse claim part of the house in case of my death?
Hello me and My son is on the house deed my husband is not. What will happen in case I pass away before he does? Will my son totally take ownership of the house or my husband will still have a part of it even if he is not on a house deed
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A: In Oklahoma, if you pass away and your name is on the house deed along with your son's, but your husband's name is not, the distribution of your interest in the house depends on how the property is titled and state law regarding spousal rights. If the property is owned as joint tenants with the right of survivorship, your share would automatically pass to the co-owner, your son, upon your death. However, Oklahoma law also provides certain rights to surviving spouses, including the right to a portion of the deceased spouse's estate, which might include real estate, under intestate succession laws or elective share statutes, even if they are not named on the deed. This means your husband might still be entitled to a portion of your estate, including an interest in the house, depending on specific circumstances and state law.
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