Deed would decide widow’s right to house

I am concerned about what will happen to my house if my husband passes away. Will I be allowed to keep the house and make mortgage payments, or sell it if I want to? In most cases, you would be allowed to either keep the house or sell it. Many factors affect this, though — most importantly, how the home is titled. Most married couples own their homes in a special type of ownership reserved just for spouses known as “tenants by the entirety.” The default type is called “tenants in common,” in which each co-owner owns his or her part of the property individually. Typically, these portions are equal but, if specified on the deed, they can be different, such as 80 percent to one owner and 20 percent to another. Another type of ownership is called “joint tenants with right of survivorship.” This is like “tenants in common” in many ways, except that when each owner passes away, the portion goes to the other owners instead of heirs. “Tenants by the entirety” is similar in many ways to “joint tenants with right of survivorship” except that it is limited to a married couple. The surviving spouse is automatically the owner of the property. The easiest way to tell whether you own your home this way is by looking at your deed. If both of your names are listed along with an indication that you are married, then you are all set. If the property is in his name alone, the law will still provide you with certain protections. Review your situation with a qualified estate planning professional.