The Burdette
Law Firm
Lawyers: Germantown - Memphis, TN.
(901) 756-7878
in Germantown
(901) 756-6433
in Memphis

Answers to general legal questions posed by the general public

by Memphis Attorney Christina Burdette

Q: "If my name is not on the deed to the (house)...

...if my husband dies will I get the house we have been married 20 yrs."

A: You have asked more than one question...

...First of all, it doesn't matter how long you've been married. If you get divorced, ownership of the house will be addressed as part of the division of marital assets, if the house is indeed a marital asset. Additional questions are raised. Did you sign a prenup? Was the house purchased before or after you were married? Is "the house" your marital residence or is it a rental property? If your husband dies, and you are still married to each other, the answer depends on other facts. Does your husband have a will? If so, does he leave the house to you in his will? If he doesn't have a will, ownership of the house will be determined under the TN laws of intestate succession. Does your husband have children, whether from this marriage, another marriage, or from another relationship? Please consult an attorney.

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