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Provisions to live in the home

secondwife1234's picture

ARe there any legal provisions that can be made should my finace die before me that I can stay in the home? We are doing our will now and I was thinking of adding this. He purchased the home for the two of us and we built it and designed it knowing I dont have that kind of money,

Rags's picture

Get married. Then it is your home when he passes. Rights of survivorship are wonderful things.  Put the provision in the Will that it is your home upon his demise. Just to be sure.

justmakingthebest's picture

Do a simple reciprocating will. Everything he has goes to you and everything you have goes to him. Also you should have life insurance policies that list each other as the beneficiaries. Have the value that is just big enough that you can pay off the house and any debt that you each have so that if you are left without eachother, you are at least financially about to continue. 

tog redux's picture

Have him put you on the deed.  His family can challenge any will that leaves everything to someone he's not married to.  So also, get married soon.

thinker's picture

You need to be put on the deed as a joint tenant with rights of survivorship.  Then if he dies, the house passes to you outside of probate.  Unlike a will or a trust, it is very hard to contest a deed.  Talk to a lawyer.  But honestly, this is a very simple and inexpensive step that involves a deed from him as an individual to him and you, as joint tenants with rights of survivorship, which needs to be recorded in your county. 

ndc's picture

I would talk to a lawyer.  My lawyer, not his.

Remember, he can change his will at any time.  He's married to someone else, so you don't have the protection of the law.  He has chosen to not put you on the title to the home.  You're in a precarious position.  I'd personally take out a life insurance policy on him.  MY policy, one he couldn't cancel or change the beneficiary on.  And honestly, if he died I wouldn't want to live in a house that was beyond my means.  That would be scary for me.  Where were you living before you were with this man?  How were you supporting yourself?

Merry's picture

You asked this same question two weeks ago, and similar questions last spring.

What's really going on? Is his divorce progressing? Have you seen a lawyer? Taken out an insurance policy? You can ask the same question 50 times, but if nothing happens .... then nothing happens.

Why would you even want a house that you admit you can't afford?

notsurehowtodeal's picture

As you have already been told, as long as he is married to someone else, you run the risk of his

wife having an interest in everything that he owns or buys or builds while still married. You can be on the

deed and there can be legal papers drawn - but you still run the risk of her contesting it all if he dies

while they are still married.

BethAnne's picture

A local lawyer will give you the best information about how to set that up and help you and your partner do it if that is what you both want.

Have you talked your worries through with a therapist? You seem fixated on these topics but don't seem to want to listen to advice and seem not to have acted on any of it. That doesn't seem very healthy to me.  

notarelative's picture

I'm not sure why you think it's equitable for you to be on the deed or have dower rights. It was purchased before you got together. You are not married (fiancé is just a word) and he is still legally married to someone else. Legal marriages have protections in state and federal law, and sometimes (401k rules) a will cannot override them. 

See a lawyer, a lawyer you hire, not his, and find out what is possible in the state you live under your circumstances. Be prepared that you may not like the answer you receive. 

And keep in mind, that even if his divorce goes through, and you marry, you may not be the sole heir to his estate as he has children who he most likely will want to provide for. 

 

futurestepmomnowstepgf's picture

but are you planning on murdering your fiance and trying to get what you can money wise? You keep asking what if he dies before you get married meanwhile he is still married to someone else, but feel very entitled to getting a piece of the pie shall he die.

My bf's mom has been married 5 times going on 6? or it is 4 going on 5, I don't remember. Anyway, the husband after my bf's dad, they got married and she convinced him to sign over everything to her shall he die even though he was like 50 with adult children and they only knew each other a year. Next thing you know the man mysterously died shortly after... everyone thinks she did it, especially since a month later she was engaged again.

I am just saying it is very fishy to me that you keep asking what if he dies before you when you are not married, doesn't sound like he is on his death bed, and he still has a wife.