[tmzetti]

This is my second marriage. I agreed to move into his much older house (already paid for before our marriage) however, I pay for expenses and have done much home improvement in the past 3 years we have been married. We live in Illinois. Also, I have lived their for a total of 6 years (3 unmarried) I would like to know how my interest is protected if we should divorce (not thinking this but need to be smart) or he should die (he has 3 children from a previous marriage). Do I qualify for a % ownership of the home based on my added value of home improvement (monetary and my labor) or am I SOL because I am not on the title?
Thanks

[ebaines]

First, regarding what happens should your husband die -- you and he should absolutely have a will drawn up to answer the question of who gets what. If he dosen't have a will when he dies, he dies intestate and under IL rules 1/2 his estate will go to you and 1/2 to his children, per stirpes. You will end up in court haggling over who gets which half. If he does have a will, but it's so old that it doesn't mention you, then you will again end up in court as you and the other heirs fight over who gets what (as a spouse you can not be left out of his will entirely, unless you have a pre-nuptual agreement in which you agreed otherwise). So, get yourselves an estate attorney ASAP and have your wills drawn up. While you're at it, you should also draw up powers of attorney and living will documents.

As for what happens in divorce - everything is negotiable. Paying current expenses helps you make an argument that you have an interest in the house, but unless you paid for a significant capital improvement it probably won't hold much water. But again - all is negotiable.

[tmzetti]

Thank you Ebaines, however, is there any way I can be put on the title of the house as a partial owner (ex 25%) to protect my interest. While I have not gotten a loan for major rennovations, I have virtually upgraded every room, put in lots of very hard labor and major landscaping over the past 3 years. Or, is there a possibility of a side agreement that can be drawn up in order to be fair to both, meaning, I understand that he bought the house himself but I have given up the benefit of appreciation and all the money and labor I put into it's maintenance and future appreciation because he wanted us to live there instead of buying a home of our own. It makes sense to stay there as te house is paid for it was paid for but I believe it leaves me vulnerable.

I understand about the will in the event of death and we will do that.