You don't need to do anything. The deed on record shows that you are both owners as husband and wife, meaning most likely tenants by the entirety. This is like joint ownership with right of survivorship. When one spouse dies, the surviving owner automatically becomes the sole owner. No new deed is needed to confirm ownership in the surviving spouse. If you are selling that house, all you need to do to prove you are the sole owner is to produce a death certificate and sign what is called an affidavit of title, which among other things, confirms that you were married at the time of death of your spouse.
If the real property is titled as joint tenants with the right of survivorship and one owner dies, their interest automatically passes to the survivor. All you need to do is to record a death certificate in the land records to show the other joint tenant is deceased. As for the car, you should call the Department of Motor Vehicles in your state to determine what their policy is when a joint owner dies.
if my spouse dies can his adult children take my home the house is owned by bothe of us
Yes
In Texas, when a spouse dies, the surviving spouse is typically entitled to the house if it was community property or if it was left to them in the deceased spouse's will.
It will not go into probate if the house was purchased by them as husband and wife as tenants by the entirety or as joint tenants. Both spouses own whole interest together so that when one person dies the survivor becomes the sole owner. The deed does not even have to be changed.
Then the house needs to be sold.
Would i have to pay for my spouse's credit bills in the state of Michigan if he died
Usually the mortage is set up as a survivors deed. This means that if one person dies, the spouce receives the deed in their own name. If this is not the case and the house wasn't willed to the other spouse, then it will have to be taken up in Probate Court.
In Texas, the suriving spouse has a life estate and does not have to sell.
If the wording of the ownership on the title/deed is correct. properly worded, and lawful for that particular state, AND the money is in a joint account with the spouse, they should pass to the surviving spouse without probate. Best thing to do would be to contact your local Bar Association or Legal Aid Office and give them the specifics. Such a consultation for such a simple question should be very inexpensive and even cost free.
The spouse gets the home. The children are not entitled to a portion of the home. They are not required to get anything from the estate.
forever