If the spouse who owns the home doesn't want the other spouse to be able to live in the house rent free for life, then the only way around that homestead right is with the signing of a marital property agreement.

Q: If a person enters a marriage owning a separate property bank account and a home (free and clear), the money is not commingled with the spouse’s funds, and the new spouse's name is never added to the house deed, do the money and house remain separate property in the event of a divorce? Or would a prenuptial agreement be required?

A: The house will remain separate property. However, if the spouse who owns the house dies, the other spouse will have the right to live in the house rent free for the remainder of that spouse's life. This is the case even if the deceased spouse gives the house to another person or several........

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