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noneya123
Apr 26, 2012, 05:14 AM
I've been married for 27 yrs. 15 yrs ago my husband and I bought a house in GA but I didn't have my name listed on the title. Should I have this changed or am I entitled to house if we divorce or he dies?

joypulv
Apr 26, 2012, 05:44 AM
You can't have it changed, but he can add your name (assuming any lender doesn't object).
There are no guarantees about divorce, and GA isn't a community property state.
What happens if he dies depends on his will, and upon state law if no will.
It is in your interest to be on the deed, and it's easy for him to just go down to city hall, no lawyer needed, with wording that indicates right of survivorship, which they will know. It might be tenants in common or joint tenants in common.

joypulv
Apr 26, 2012, 05:50 AM
It's tenants in common, not joint tenants in common, which would mean that either one of you wants other heirs to get the house. Which you might want. If so, see a lawyer for a small fee. For instance, what if you are both in an accident and one of you dies a week later than the other, yet you wanted your half to go to someone not at all connected to him? You should both have wills.

Fr_Chuck
Apr 26, 2012, 05:53 AM
At divorce it is unsure how the judge and court will view it, so yes you need your name on the deed. At his death, if still married, it will go according to his will ( if any) or to his estate if not.

So yes he needs to add you to deed so that at his death the house passes to you. And at divorce you have 1/2 interest in the home.

AK lawyer
Apr 26, 2012, 07:12 AM
... and it's easy for him to just go down to city hall, no lawyer needed, with wording that indicates right of survivorship, which they will know. ...

Do clerks at Georgia town halls practice law? They shouldn't. OP's husband should have an attorney prepare the deed.