I am 66 years old woman, married my husband who is 79 years old at 2016.
We both have our property (house) before marriage. We both still work.
Recently I have used my money (100%) to purchase a second vacation home. The deed is only with my mane on it.
1, Does my husband automatically owns the 1/2 this property value , even he didn't pay any penny on it ?
2, If I died or divorce to him ( or he divorce to me) does he have a right to take 1/2 value from my second home
1 Answer from Attorneys
Thank you for your question.
Because you are married, no asset or property is 100% yours. Even if the deed is only in your name, it is still not 100% yours. When you become married, all assets and property of the parties become marital property.
Working together with the laws of property are laws relative to (i) marriage and divorce, and (ii) inheritance. Your husband doesn't technically own 1/2 the value of the property, but it is marital property. In the event of divorce, a court would divide all marital property in an equitable and fair manner. It may be fair and equitable to divide the property equally or it may not. What is fair and equitable will depend on the unique circumstances of your relationship.
In terms of property ownership at death, property in your sole name will pass as directed by your will. If you don't have a will, it will pass through your estate and be distributed to your heirs. Most likely, that means your spouse, but may also include children, etc.
If you are concerned, you should sit down with an attorney.
Christopher Vaughn-Martel, Esq.