What is what are my rights if my name is not on a deed but married?

If your name isn't on the deed to your house but you are married, your rights depend significantly on state law and the circumstances of your situation. Generally, marriage creates certain property rights, even if your name isn't explicitly listed on the deed.

• Community Property States: In community property states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin), any property acquired during the marriage is generally considered owned equally by both spouses, regardless of whose name is on the deed. This means you likely have rights to the house, even if your name is not on the deed.

• Equitable Distribution States: In equitable distribution states (which includes most other states), marital property is divided fairly (though not necessarily equally) in a divorce. The house could be considered marital property, even if only one spouse is on the deed, especially if marital funds were used to pay for it or improve it. Factors like contributions to the marriage and financial contributions to the home can influence your claim.

• Inheritance Rights: Even if the house is considered separate property of your spouse (meaning they owned it before the marriage or received it as a gift or inheritance during the marriage), you might still have inheritance rights. Many states have laws that protect a surviving spouse's right to a portion of the deceased spouse's estate, including the house.

• Divorce Considerations: In a divorce, the court will determine how to divide marital property. The fact that your name isn't on the deed doesn't automatically mean you won't receive any portion of the house's value. The court will consider various factors, including your contributions to the marriage, financial or otherwise.

• Homestead Rights: Some states have homestead laws that protect a spouse's right to live in the marital home, even if their name isn't on the deed. These laws can prevent the spouse whose name is on the deed from selling or mortgaging the property without the other spouse's consent.

It is essential to consult with a family law attorney in your state to understand your specific rights, as laws vary considerably.