The answer to this question may vary depending on the laws of the specific jurisdiction in question. In most cases, if a spouse is not listed on the deed and their name is not on it, they may not have legal ownership or a direct claim to the property.
In the event of the homeowner's death, if the property is solely owned by the deceased spouse, the property would typically be subject to the deceased spouse's estate planning, such as a will or trust. If there is a will that designates the surviving spouse as the beneficiary or if there are no other heirs with a stronger claim, the surviving spouse may inherit the property.
However, if the property is owned jointly by both spouses, such as in a joint tenancy or tenancy by the entirety, the surviving spouse would usually have an automatic right of survivorship, and the property would transfer to them without the need for probate.
On the other hand, if the deceased spouse had no will, the distribution of the property would be determined by the laws of intestate succession of the relevant jurisdiction. These laws dictate how a deceased person's assets are distributed among surviving family members, which could include the surviving spouse.
It's crucial to consult with a qualified legal professional to understand the specific laws in your jurisdiction and to ensure that your estate planning is appropriately structured to reflect your intentions and protect the interests of your loved ones. Additionally, the laws and regulations surrounding property ownership and inheritance can be complex, so seeking legal advice is essential for a comprehensive understanding of your situation.