How to Leave a Residence to a Spouse in a Will Who Is Not on the Deed
- 1). Specifically state in the will that you "give, devise and bequeath" all of your property, including any real estate owned, to your spouse "absolutely and in fee simple," if it is your intent to convey all property, inclusive of the residence. Upon probate of your will according to these terms, title to any real estate you own will transfer to your spouse. Though title to the property actually conveys by the will in many states, your attorney may choose to prepare an executor's or personal representative's deed to perfect the land records in the county where the property lies.
- 2). Describe in your will the property upon which the residence sits and state that you "give, devise and bequeath" that specific property to your spouse absolutely regardless of how you handle other property that you own. This specific-bequest method should ensure that your desire to convey the specific residence to your husband is fulfilled, with other property you own conveying according to the remaining provisions of the will.
- 3). Grant your spouse a life estate only in your residence if it is your intent to only allow him to possess and reside on the property until his death. This method will allow you to leave the property to your children or other heirs, but provide for your spouse to live there during his lifetime. State law may govern how this provision is to be worded, as the scope of possession under a life estate interest may vary from state to state. A life estate ownership interest in some states will prevent your spouse from selling or mortgaging the property without the signature of the fee or remainder owners named in your will. The fee owners, however, may convey the property to your husband's life estate interest and only your husband may sign away his right to reside on the property.
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