What happens to a house if the wife's name is not on the deed and the husband dies?

Answer 1

It depends upon the state laws when and if the surviving spouse will be entitled to the property. The state probate and property succession laws will apply. If the married couple resided in a community property state she will only need to have the title amended once probate procedures have been completed. In other states, the surviving spouse may not be entitled to the property or may only be entitled to portion of the property, due to the fact that her name was not included in the titling of such. This will hold especially true if the property was bought by the deceased before the marriage.

Answer 2

In the UK:

Well this can get complicated and probably why no-one has answered it yet because there are so many avenues you could go down, therefore this answer is not definitive but general.

Under the Law of Property Act 1925:

• Anyone with a proprietary right in the property and also in occupation of the property could claim an overriding interest in the property.
• If a wife has helped pay all or part of the deposit for the property or part or all of the monthly mortgage - not food or clothing in lieu of mortgage payments, she can claim a Resulting Trust.
• If a wife has paid for a substantial improvement to the property eg conservatory etc, then she could claim a Constructive trust.
• Further, in court, it would almost be taken for granted unless evidence to the contrary was put forward that during the marriage there would of been conversations between the husband and wife where they would of discussed such an eventuality and probably agreed that the wife would inherit.

In the US:

The husband should make certain to execute a will leaving the property to his wife. If not, the title will pass according to the state laws of intestacy where the property is located. Most common law states provide that the surviving spouse shall inherit the marital real estate or at least a proportionate interest in the real estate. In the states that provide only a proportionate interest the property may be shared with the children of the decedent or blood relatives of the decedent if there are no children.

In some states, a surviving spouse can claim an interest by election even if the spouse was disinherited by the will. The disinherited spouse would only need to file a claim against the will with the probate court. The court usually awards an intestate share as if there was no will.

Community property states have a different scheme for distributing the property depending on several factors including the timing of the purchase, before or after the marriage. The law in community property states would control over a will that devised the property to a third party. You need to consult with an attorney who specializes in probate law to determine the rights of the surviving spouse in your particular jurisdiction.

Married couples should always arrange to hold title to real estate by a survivorship deed in order to avoid probate and to make certain ownership passes to the Survivor when one dies.