Not unless they are legally entitled to it. Chances are that they are going to get some of it. If he died without a will, intestate, the standard distribution in most states would split the assets in half, one half each for the spouse and for the children from prior marriages.
If your husband is still living, he should clearly have a will drawn up that lays out his desires for the distribution.
In either case, you should consult a probate attorney for the state or province you live in.
A bit more:
In cases where one spouse owns property before marrying a second (or more) time, they can have a prenuptial agreement drawn up before getting married that will allow their surviving spouse usufruct (use of the property) for life. This means the surviving spouse will be allowed to live in the family home until their death or they remarry, depending on the wording of the prenuptial agreement and/or will. But the surviving spouse will not be able to rent or sell the property, or to leave it to anyone else. And after their death, it will then go to the children of the one who originally owned it.
There are also cases where the entire property is left to the surviving spouse, with the exception of forced heirship, where state law requires a certain amount or percentage to be left to the children of the deceased.
Either way, it is always a good idea to have a prenuptial agreement and/or a will, but especially a will. Never rely on the spouse or the grown children saying they would always "look out for the other" because greed or a sense of entitlement often results in people losing all sense of fairness and common sense.
The estate must be probated. Either the children need to pay the mortgage or the bank will take possession of the property by foreclosure.
The wife take it.
if my spouse dies can his adult children take my home the house is owned by bothe of us
No. If he dies and defaults on the loan the bank's recourse is to take possession of the property by foreclosure. The bank has no claim against you.
2yers later
Generally the property passes to the surviving spouse according to the state laws of intestacy. You can check the laws for Arkansas at the related question link provided below.
Generally, when a person dies intestate their property descends to their spouse and children. However, in certain states the surviving spouse inherits all the property. In the states where the surviving spouse AND children inherit, the children of any deceased child would take their parent's share. You can check the laws of your state at the related question link provided below.
Generally, yes. If the house in is your child's name, it is not legally your house. If he dies without a will the property will pass to his next of kin. If he is married his wife will acquire an interest along with his children or she may inherit the house as her sole property. If he has no children then his siblings may share the property with his wife. You can check the rules in your state at the link below.You should speak with an attorney who can explain your options and the consequences before doing that type of estate planning on your own.
They can be sued.
If it is in a joint bank account and you reside in a community property state, Yes!
No. Property held in a joint tenancy with the right of survivorship is non-probate property. When one owner dies, full ownership passes automatically to the survivor, bypassing probate.No. Property held in a joint tenancy with the right of survivorship is non-probate property. When one owner dies, full ownership passes automatically to the survivor, bypassing probate.No. Property held in a joint tenancy with the right of survivorship is non-probate property. When one owner dies, full ownership passes automatically to the survivor, bypassing probate.No. Property held in a joint tenancy with the right of survivorship is non-probate property. When one owner dies, full ownership passes automatically to the survivor, bypassing probate.
The estate must be probated. Either the heirs need to pay the mortgage or the bank will take possession of the property by foreclosure.