05/05/13, 10:10 am
Husband moved out of house 4 years ago, not legally separated or divorced, wants to be removed from home deed (free of debt). I'm refinancing and removing him from deed. If we are still married and I die, does the house go to him anyway? Or am I able to make out a will that leaves it to my children from a previous marriage (we do not share any children)?
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Ian Reardon Says:

May 31,2014 4:49 PM

Depends on how the title to the house is held. If you hold it as Joint Tenants, then it will automatically pass to your husband. Even if you remove his name, and you are still married, 50% of the house will be the husbands property. You should see an attorney.

Ian Reardon
NH Divorce Lawyer
155 Fleet Street,Portsmouth, New Hampshire 03870
(603) 570-4825

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