Would your spouse's children from a previous marriage inherit your home if your name is on the mortgage but the deed is in your husband's name only?

Answer 1

Not if the couple reside in a community property state and the property was acquired during the marriage. In all other states the state's probate succession laws would apply. It is difficult to understand why the spouse would not be named on the property deed especially when she is the co-debtor, unless the couple do reside in a CP state. Regardless of the circumstances, it would be in the person best interest to consult with an attorney who is knowledgeable in marital property laws of their state of residence.

And most states have what is called the "Dower Right" which gives certain rights in any real property owned by the husband to the wife. If he had tried to sell the property, they would have required her to sign off her rights to the property.

The letter of the law being what it is, make sure that if your name is on the mortgage, that you have your name on the deed, also.

Answer 2

The answer depends on the inheritance laws in your state. Generally, the husband could devise his real estate to his second wife in his Will if the children are not minors. If he has no Will then his property would be distributed according to the laws of intestacy and his children from a prior marriage may inherit an interest in his real estate. You need to check the laws in your particular jurisdiction and seek advice from an attorney who specializes in probate law and estate planning.

Your name being on the mortgage doesn't give you any ownership in the property. It simply makes you responsible for paying the mortgage for property that you don't own.