My mother died in June leaving no will. My parents divorced 30yrs ago and my mother raised her 3 children alone (on a pension) whilst my father paid the mortgage on our 'family' home and went on to make his fortune. The deeds of the house remained in both names - ie. joint tenancy. On several occasions before my mother's passing, my father stated that he considered the house to belong to my mother... though now owns 100% of it since the deeds were in both names. He is not honouring his word by passing my mother's 'estate' (ie. house, as she had no other investments) to his children. Do we have any recourse given that it was our family home for 30yrs and we are the next of kin?
2007-11-15 20:51:38 · 10 answers · asked by ozikeyes 1 in Politics & Government ➔ Law & Ethics
I am sorry for your loss. My mother passed away last spring.
I wouldn't think you had a right . He paid for the house, and it was hers to live in so long as she lived, but, if he didn't deed it to her, it is likely his to do with as he pleases. However, the law is not the same everywhere, so you should call a lawyer for one of those free 15 minute consultations. The 3 of you MAY be each be entitled to 1/6 shares, with him retaining the other half. I repeat, MAY. I don't know where you live, and I am not a lawyer.
2007-11-15 20:59:47 · answer #1 · answered by Fred C 7 · 0⤊ 1⤋
I think Mark H is right. The law generally disfavors joint tenancies, and most judges will prefer to find that a tenancy-in-common (TIC) has been created if certain things occur.
Divorce is one of the most common things that generally will terminate a joint tenancy and transform it into a TIC, because courts normally presume that a divorced person still wishes to have an interest in the property after death and does not intend any longer to transfer their property over to their (now) ex.
Furthermore, your father may be estopped from claiming joint tenancy since he has repeatedly indicated that he believed your mother owned at least PART of the house, if not the whole house. Estoppel is a judicial doctrine which prevents a party from saying one thing and claiming the opposite in court. It would really help if you have witnesses (besides yourselves) to testify to that effect.
The fact that he paid the mortgage isn't as important as you think it is, in my opinion. After all, if I bought a house, and put my brother's name and my name on the deed, and specified that it was a TIC, his heirs would still own half the house upon his death, even though I paid for everything.
Bottomline: You should consult with a lawyer immediately, and probably hire one to assist you with your case.
2007-11-16 00:25:51 · answer #2 · answered by Jimmy 4 · 0⤊ 1⤋
Please do not rely on the answers you receive here although I think you have received some good ones. I am sure much of what you are asking is covered in your divorce papers as to who has ownership of the hose and right of survivorship if any. Perhaps the title company company can help you, but I don't think I would rely entirely on their advise either. I think you best course of action is to see a lawyer to discuss this with and be sure everything is handled correctly do that someday down the road you do not get a surprise. It appears this is your legally your home, but spend a couple of hundred dollars to have all doubts cleared up. In the long run it could be cheap insurance.
2016-05-23 09:16:30 · answer #3 · answered by ? 3 · 0⤊ 0⤋
If they divorced after they purchased the property, the divorce changes the ownership from a tenancy by the entireties [joint tenancy with right of survival] to a tenancy in common. Yes, you have an interest in inheriting an undivided one half interest in the property.
If there was a will, you would take an interest under the will. If there was no will, you have rights as an intestate heir.
Best advice, hire a lawyer. Your mother's husband has no rights to pass the property other than his undivided one half interest as a tenant in common.
2007-11-15 22:18:04 · answer #4 · answered by Mark 7 · 1⤊ 0⤋
He is legally the owner & since he paid the mortgage I doubt that you would have a leg to stand on if you went to court. This is a fine example of why a will should be made altho your mother couldn't have willed the house to you because your father was co-owner. If you're nice to him, maybe he'll will the proceeds from the sale of the house to you and all of his children equally. That is, if he sells it before he dies. If he doesn't leave a will, the State will decide through Probate Court (and charge a fee for doing it) who gets what.
2007-11-15 21:24:12 · answer #5 · answered by Judith 6 · 0⤊ 2⤋
I would imagine that you and your siblings would be able to contest his actions. I would find a good lawyer and use some of the funds form the sale of the house to fund your legal fees. Good luck and just make sure you can find as much documentation about thier separation your mothers bills and start to think of possible witnesses
2007-11-15 20:57:17 · answer #6 · answered by dawson_brister 3 · 1⤊ 0⤋
First I am sorry to hear about your mother, I am sure it is still difficult to deal. If I were you I would go to an "estate attorney" sometimes they are willing to do free consultations. Character witnesses are always good if you had non family members that might have seen something or heard. So go to an attorney as I believe you do have a dog in this fight. Good luck and I hope it turns in your favor.
2007-11-15 21:02:33 · answer #7 · answered by Super PI 6 · 0⤊ 1⤋
If your mothers name was on the deeds wouldn't you and your siblings be entitled to 50% at least
2007-11-18 10:33:42 · answer #8 · answered by wake up 2 · 0⤊ 0⤋
I believe your Father is the legal owner and that you have little legal recourse but why not sit down and talk to your Father about this ?
2007-11-15 23:13:26 · answer #9 · answered by Anonymous · 0⤊ 2⤋
No. Your father is the owner so you do not have recourse unless he passes on.
Sorry.
2007-11-15 20:58:37 · answer #10 · answered by Bink 4 · 0⤊ 1⤋