What are the surviving spouse's elective share rights to homestead? Attorney Tom Olsen: Usually a married couple own their home together. Sometimes just the husband or wife will be on the title to the home. What happens to the home when a spouse dies without a will? In that case, the surviving spouse has two choices regarding the homestead: The surviving spouse can take a life estate in the home and will get to live there for the rest or his or her life, or the surviving spouse can take a one-half ownership interest in the home as tenants in common with the deceased spouse’s children. Chrissy: It does. And I think that this is something that people don't realize. Having the title to the home in just the husband’s name or just the wife’s name is more common than you think. Having the title to the home in just one spouse’s name often happens when there has been a second marriage or one of the spouses inherited the home property. Attorney Tom Olsen: People often as
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