Legal Question in Real Estate Law in Rhode Island

Re: real estate

A husband does not automatically become a co-owner of real estate acquired by his wife. So your assumption, I'm afraid, is wrong.

You would need to convey the property from yourself to you and your husband as joint tenants in order to convey an undivided 1/2 interest to him. This would ensure that if you pass, he will succeed to your interest by operation of law. Such a conveyance from one spouse to both spouses is often accomplished by a type of deed called a Quit Claim Deed (if you're curious, your lawyer can explain the different types of deeds).

You do not explain, however, how you are �becoming sole owner of a co-owned property� nor the identity/relationship of the present co-owner. This information certainly may affect the analysis, so I suggest you contact an experienced real estate lawyer for help. Often the facts not specified in a question can drastically affect the correct answer.

A Quit Claim Deed conveyance typically would not be expensive, though many lawyers (myself included), would encourage you to have a title examiner search or do a �run-down,� so-called, to satisfy yourself as to the status of title and any encumbrances.

Good luck and happy holidays,

Scott

RE:Rhode Island Real Estate Law Question

Pursuant to Rhode Island (RI) Real Estate Law, He does not automatically become legal co owner because you are married to him. You have two choices (1) Put his name on the deed/ title as a joint owner as tenant by the entirety. If his name is on the deed the property will automatically go to him if you were to pass away. The property would not go through probate.(2) If you do not want him to have a current interest in The Real Estate but want him to get the property if you pass away then leave the property to him in your will. This property then would go through the probate process. I suggest that you contact an attorney / lawyer to get further legal advice.