Can my partner's son get any rights to the home after she dies? 14 Answers as of October 26, 2011
My lover just died and we own a home together. We have lived together over 20 years. She has a child of 19. Does he have any rights to our home or do I own the home? There is still a mortgage on our home.Free Case Evaluation by a Local Lawyer!
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THE HUBBARD LAW FIRM, P.C. | Donald B. Lawrence, Jr.
You asked "My lover just died and we own a home together. We have lived together over 20 years. She has a child of 19. Does he have any rights to our home or do I own the home? There is still a mortgage on our home." It depends on how the property is titled. Both of you are on the mortgage which implies that both names were on the title. Without more information, any further answer would be speculation. You need to get a copy of the deed granting ownership to you and her and have it reviewed by an attorney. The fact that she is on the mortgage does not necessarily mean that she is on the note. The mortgage represents the collateral securing the loan. The Note represents the indebtedness. If she is on the note, that will constitute a claim against her estate. If her child were to assert rights to her interest (assuming that title is not joint with rights of survivorship) that interest would be encumbered by the mortgage and in order to retain the interest, the child may be required to pay for that share of the debt. It is likely that you will need the assistance of an experienced real estate attorney.
Answer Applies to: Michigan
Replied: 10/26/2011
The Center for Elder Law | Don Rosenberg
If the property is joint with rights of survivorship then the survivor owns the property. If the property is owned tenants in common, then her interest will pass to her heirs through the probate process.
Answer Applies to: Michigan
Replied: 10/20/2011
Ashman Law Office | Glen Edward Ashman
That depends on whether the two of you were smart and used a lawyer or tried to save a few hundred dollars and didn't. Unmarried couples, using a proper will and creatively titling property, can protect themselves. So hopefully you did that.
Answer Applies to: Georgia
Replied: 10/20/2011
Coulter's Law | Coulter K. Richardson
It depends on how you two owned the home together. If you were tenants in common then your partner's interest would pass to the son. If you owned the house as joint tenants then it passes to you. Read the deed.
Answer Applies to: New Jersey
Replied: 10/20/2011
Charles M. Schiff, Attorney at Law | Charles M. Schiff
The answer to your question will likely depend upon the manner in which you held title to this property. If you held the property as "joint tenants with right of survivorship", title is perfected in your name alone by recording an Affidavit of Survivorship in the office of the County Recorder. If you held the property as "Tenants in Common", you and she each owned one-half the property. Her son may be entitled to her share. The fact that there is a mortgage against the property is of no consequence. In either scenario discussed above the party or parties receiving title take that title subject to the mortgage.
Answer Applies to: Minnesota
Replied: 10/20/2011
The Law Offices of Laurie E. Ohall, P.A. | Laurie E. Ohall
You will need to look at the deed to the property. Does it list both of your names "with rights of survivorship" or "joint tenants with rights of survivorship"? If so, then you now legally hold title in your name alone. If the deed only shows your names, with nothing after it, then you most likely own the property as "tenants in common" and your partner's son would have a 50% interest in the property.
Answer Applies to: Florida
Replied: 10/20/2011
Harville-Stein Law Offices, LLC | Dean D. Stein
It depends on what the deed says, or if there is a Will. She could leave her half to you by Will, or if the deed says you own it with her "joint with right of survivorship", otherwise, he may have a claim to her half, offset by her half of the mortgage.
Answer Applies to: Alabama
Replied: 10/20/2011
Martinson & Beason, PC | Douglas C Martinson II
Unless you name is on the house or she had a will, you would not be considered as a married couple under Alabama law. It would pass to her son. If the deed has your name and is Joint Tenants with Rights of Survivorship, the house would be yours as the surviving joint tenant. It would be subject to the mortgage.
Answer Applies to: Alabama
Replied: 10/20/2011
Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
Look at the deed. If you owned the home as "tenants in common," then her son may now own her half of the home (subject to probate of her estate, and subject to her obligation on the mortgage). If she made a will, her half of the home would pass according to the will. If you owned the home "not as tenants in common, but with right of survivorship," then you own the home. There may be other wrinkles. When compared to the value of your home, the cost of a little legal advice is a good investment. Unmarried partners should always have wills, should always have health directives, and may want to consider exchanging powers of attorney. The law has substantial protections for spouses who are legally married. Unmarried partners need to provide these protections for one another through proper planning.
Answer Applies to: Oregon
Replied: 10/20/2011
Donaldson Stewart, PC | Monica H. Donaldson Stewart
It depends on how the title was held. If it is "tenants in common," then you each owned half, so her half would pass to her heirs (the definition of her "heirs" depends on whether or not she had a Will). If the title was held with some sort of "right of survivorship," then you, as the surviving owner, receive the entire property and it doesn't pass to her heirs. You are still bound by the terms of the mortgage.
Answer Applies to: Arizona
Replied: 10/20/2011
Bullivant Houser Bailey PC | Darin Christensen
It depends on how the home was owned. If it was owned by the two of you in some form with survivorship rights (in Oregon, for non-married persons, it would be tenancy in common with cross contingent remainder interests), then you are the sole owner. If you owned it as tenants in common, her interest (subject to the mortgage) would pass as provided in her will. If she had no will, it would pass to her son.
Answer Applies to: Oregon
Replied: 10/20/2011
Goldsmith & Guymon | Dara Goldsmith
It depends upon how the home was titled to the two of you. Were you joint tenants with rights of survivorship? If so, the property is probably yours. If not and you were tenants in common, then the property would be subject to probate. Did you partner leave a Will? These issues should be addressed with an attorney to determine your rights. We charge $100 for a one hour consultation with an attorney who will provide you with important information regarding your specific case and will able to advise you on the options that you should consider in determining your next steps, or if it involves reviewing documents and preparation in advance of the meeting.
Answer Applies to: Nevada
Replied: 10/20/2011
Law Office of J. Brian Thomas | J. Brian Thomas
Your situation touches on several issues, the first of which is whether or not your partner died with a valid Last Will and Testament. If so, you should retain an attorney to assist you with having that Will brought forward and admitted to probate. If not, things get a bit more complicated. When a person dies without a Will in Texas, their estate (including real property subject to a mortgage) passes under the laws of intestacy to their heirs. In the case of an unmarried person with children, the children are the heirs of the decedent. Even then, transferring title to the heirs requires a probate proceeding of some sort, depending on some other circumstances. Thus, the quick answer is that it is very likely that your partner's son (and any other children she might have) now own whatever interest in property your partner owned. As a caveat to the above, you've also got the stage set to assert a common-law marriage. If you're successful in establishing that you and your partner were informally married, the disposition of her estate changes significantly and involves rights held both by her children and by you. Bottom line: locate, consult and retain an attorney to fully advise you of your rights.
Answer Applies to: Texas
Replied: 10/20/2011
Wiegandt& Doubles | Malcolm Doubles
In Virginia, it depends on how you owned the property. If there was survivorship, then he does not have an interest. If there is no survivorship then he does.
Answer Applies to: Virginia
Replied: 10/20/2011
