Question about what will happen to my house

[stilhavinightmares]

I own the house and am on the paperwork. My wife isn't because her credit was crappy when we bought. Don't want to refinance because of interest rates. If I die, will it go to her even though she's not on the paperwork? She's my wife on paper and lives here on paper.

 

[ApparentlyNot]

if she is your spouse and you don't have a will stating otherwise, she should get everything. but you may want to talk to a lawyer if you need to be sure. sorry you're in this position.

 

[stilhavinightmares]

Perfect. Thank you so much. I have her as my primary beneficiary on all other fronts so that stuff is covered. I just wouldn't want her to lose our home.

 

[NoFutureAnymore]

I don't think there is a general answer to this, because the law differs in every country. I think the best you can do is make an official testament. In some countries you have notaries who are specialized in this.

 

[stilhavinightmares]

I don't think there is a general answer to this, because the law differs in every country. I think the best you can do is make an official testament. In some countries you have notaries who are specialized in this.

I am in the US. State of CT.

 

[NoFutureAnymore]

I am in the US. State of CT.

Okay, a quick google search learns that you don't have notaries. Maybe the law is easier in the US otherwise I think it's wise to ask for legal advice to be sure.

 

[stilhavinightmares]

Okay, a quick google search learns that you don't have notaries. Maybe the law is easier in the US otherwise I think it's wise to ask for legal advice to be sure.

We have notaries. That's a good point to ask for legal advice, but I don't have it in me to put forth that effort especially without my wife knowing. I'll do some google searches myself but was hoping someone here could relate and have some insight.

 

[NoFutureAnymore]

We have notaries. That's a good point to ask for legal advice, but I don't have it in me to put forth that effort especially without my wife knowing. I'll do some google searches myself but was hoping someone here could relate and have some insight.

You can phrase it differently. Just say that you want to be sure that everything is arranged well for her in case that you get for example a car accident. Just say it in a way that it isn't a big deal (like it will never happen), but that you just want to be sure. I don't know anything about the US, but in my country you have different scenario's, like which money did you use. It differs if you put some money in the house that you earned before or after marriage. But maybe it's easier and more straightforward in the US.

 

[stilhavinightmares]

You can phrase it differently. Just say that you want to be sure that everything is arranged well for her in case that you get for example a car accident. Just say it in a way that it isn't a big deal (like it will never happen), but that you just want to be sure.

I almost ctb a few times this year and was hospitalized twice so she would be suspicious if I asked her anytime soon or else I would have asked to do a will haha. I wonder if I just write what I want in a note if that would hold any weight if she needs to go to court about it. Seems like it's all a headache; I just want to make it easier but idk if it can be done without being suspicious.

 

[NoFutureAnymore]

I almost ctb a few times this year and was hospitalized twice so she would be suspicious if I asked her anytime soon or else I would have asked to do a will haha. I wonder if I just write what I want in a note if that would hold any weight if she needs to go to court about it. Seems like it's all a headache; I just want to make it easier but idk if it can be done without being suspicious.

In my country you can write and change a will without notifying the receivers. It's registered in a central database and can be accessed only after you died. This is all done by notaries and it's really private. You said, that you have them too, so I guess it works the same in the US.

 

[stilhavinightmares]

In my country you can write and change a will without notifying the receivers. It's registered in a central database and can be accessed only after you died. This is all done by notaries and it's really private. You said, that you have them too, so I guess it works the same in the US.

Ah okay so I could do it with a notary and my wife wouldn't be alerted?

Sorry I don't really understand a lot of this stuff, but I want everything to go to her as easily as possible. I want to take care of her even when I'm gone.

Thanks for chatting btw. I really appreciate your input.

 

[NoFutureAnymore]

Ah okay so I could do it with a notary and my wife wouldn't be alerted?

Probably yes (assuming that it works the same in the US). I'm in the same process at the moment and that's what the notary told me. But you can search one in your area and ask them how it works on beforehand.

 

[ThisUnrest]

You can put the house in trust for her, that way she doesn't have to wait for a probate court to process the estate. If you only write a note, it could be disputed or take months if not a year in probate court. (I know bc I was considering an exit during the sale of my house and didnt want to screw over my sister with legal problems.) I dont know if a lawyer does a trust document or if the mortgage holder/ bank does that. If you dont have shared bank account, i would also put a good amount of mortgage payments into her account or the account it draws from or leave a stack of cash. Once youre gone, she wont be able to access any accts that were solely yours. Consulting a lawyer is a headache, that's true, but will possibly save her from additional major headaches later on. You dont want her to lose her home on top of losing you.

 

[stilhavinightmares]

Probably yes (assuming that it works the same in the US). I'm in the same process at the moment and that's what the notary told me. But you can search one in your area and ask them how it works on beforehand.

Thanks! I figured it out. Much appreciated.

You can put the house in trust for her, that way she doesn't have to wait for a probate court to process the estate. If you only write a note, it could be disputed or take months if not a year in probate court. (I know bc I was considering an exit during the sale of my house and didnt want to screw over my sister with legal problems.) I dont know if a lawyer does a trust document or if the mortgage holder/ bank does that. If you dont have shared bank account, i would also put a good amount of mortgage payments into her account or the account it draws from or leave a stack of cash. Once youre gone, she wont be able to access any accts that were solely yours. Consulting a lawyer is a headache, that's true, but will possibly save her from additional major headaches later on. You dont want her to lose her home on top of losing you.

Thank you so much for your input. Gonna take me a bit to process this.