Property

[Jane]

No Plans for divorce at this time

My husband bought the house we live in before we were married. My name is not on the deed or title. We are having marrital problems right now and I refuse to leave. I want to know if he can legally have me removed from the premises. I want to know, if we do split, am I entitled to half of this house. I want to know, if we remain together, and he were to pass away, would I get the house or would his children? I live in California.

 

[Michael Wechsler]

That is not a simple question to answer and depends upon many factors. To begin, your name not being on the deed and the fact that it was owned by your husband prior to your marriage, from my understanding, is not part of the property of the marriage.

If your husband were to pass away, the easy answer is to look at his will.

 

[Jane]

My husband doesn't have a will.

 

[Michael Wechsler]

This would not be a simple question. If your husband dies intestate, it is likely that your husband's property would go into probate court and then be decided by such relevant laws concerning what happens if your husband dies without a will (intestate). Offhand I don't know the numbers but the wife should get a significant share of the estate.

 

[Jane]

I would still like to know whether or not he can kick me out of the house any ol' time he feels like it.

 

[jon_]

Such an answer would probably be determined via divorce proceedings. Otherwise, from my understanding he would have to go to court to attempt to evict you. It is costly and probably something he does not want to do, even if he could.