‘What can I do at this point to secure my investment in the house?’
We’re a gay couple who have been together off and on almost 20 years. We have been married for five years. My wife bought our home in November 2015. We moved in together in January 2016. We married in November 2016. She won’t add me to the title or refinance.
In Texas, for example, the surviving spouse has the right to occupy the homestead for the remainder of their life, even if it is separate property, per the State Bar of Texas. If you predeceased your wife, her kids would take possession of the property only after you’ve passed on. In this case, it’s not necessarily a slam-dunk 50/50 ownership. “While the real estate itself would still be separate property, the increase in value would be considered marital property and would be taken into account for equitable distribution,” Colwell Law Group says.
You can email The Moneyist with any financial and ethical questions related to coronavirus at qfottrell@marketwatch.com, and follow Quentin Fottrell on Twitter.
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