my name was not on the lease.this friend is being vindictive towards me. do i have an option to take over the house payments
2006-08-19 05:13:41 · 6 answers · asked by e_z_e_man 1 in Business & Finance ➔ Renting & Real Estate
If you were living in your ex-wife's home without a lease you are considered a tenant at will. The owner of the house can put you out on 30 days notice. Some jurisdictions make it difficult to evict even tenants at will under certain circumstances. Consult with an attorney to see if you have any right to stay put but in most jurisdictions you don't.
Since you are not on the deed or the mortgate, you have no legal claim to the property at all and cannot "take over payments" unless the current owner agrees to sell the property to you AND the mortgage is assumable.
If your ex-wife and her friend were on the deed as joint tenants with right of survivorship the home passed to the friend at the moment of her death and is not subject to probate. Contesting any will in this case would be a waste of time. And as you were no longer married to her at the time of her death, you have no right to anything in her estate anyway even if she died without a will.
You would still be entitled to any specific bequests in her will (if any) but the house already passed to the joint owner so any such bequest would be null and void.
Consult with an attorney to be sure, but I do see a move in your very near future.
2006-08-19 05:49:32 · answer #1 · answered by Bostonian In MO 7 · 0⤊ 0⤋
Depends on whether your ex owned the house & the authority of the person taking over its administration.
2006-08-19 12:24:03 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Depends on whether you had any agreement, whether you were already divorced, whether there was a will and how solid it is.
If it is about to be sold, it must have been owned, so what's with the lease bit?
Also depending on your state laws, it is sometimes VERY tough to evict an existing tenant. 'Possession is nine tenth of the law!'
Too little info!!!!!!
2006-08-19 12:19:53 · answer #3 · answered by Anonymous · 0⤊ 0⤋
You could contest the will, and that could delay the selling of the house ... BUT
Do you think you can win, and is it worth it?
2006-08-19 12:24:55 · answer #4 · answered by r0bErT4u 5 · 0⤊ 0⤋
check out this book. this might mean the house is yours if you stay longer.
2006-08-19 18:40:47 · answer #5 · answered by Piffle 4 · 0⤊ 0⤋
read more on real estate that might help on this site
2006-08-19 13:11:28 · answer #6 · answered by Anonymous · 0⤊ 0⤋