Can they evict her if I become incapacitated and can I remove the two adult children from the deed without their signature? 18 Answers as of July 11, 2013

There are three individuals on my deed. It is myself and my two adult children. I placed them on the deed after my first wife died. I have since remarried. My current wife lives on the property with me. She doesn't want on the deed, bet she is worried that if I become incapacitated she would get evicted. Thank you very much.

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Noel Law Firm | Elizabeth V. Noel
It depends on the type of ownership held. If she inherits your portion after you die, she cannot be automatically evicted. They may have to buy her out. If your children inherit the property, they can ask her to leave.
Answer Applies to: Maryland
Replied: 7/11/2013
Law Office of Thomas C. Phipps | Thomas C Phipps
They could file an eviction lawsuit. But, if they all get along, I doubt that they would do that.
Answer Applies to: Missouri
Replied: 7/10/2013
Law Offices of George H. Shers | George H. Shers
Your situation is why attorneys in general do not recommend putting children on a deed. See if your two children will re-deed the property back to you; there should be no tax consequences. You can use a quit claim deed. If not, create a life estate for your wife for as long as she lives [the property goes back to you when she dies so your children will still inherit it, just at a later time perhaps. All owners of a property have the equal right to use the property, so the children could attempt to move into the house while your wife is alive and you have died,. or even if you have not yet died and are in perfect health. You can not take them off the deed by yourself, they must agree.
Answer Applies to: California
Replied: 7/10/2013
Meissner, Joseph & Palley | Sasha D. Collins
Since your children are partial owners of the property, unfortunately, you may not remove your children from the deed without their agreement. They may agree to gift or sell the property back to you but it will be necessary to reach an agreement with them.
Answer Applies to: California
Replied: 7/10/2013
Sebby Law Office
Sebby Law Office | Jayne Sebby
As long as you are alive, you have a claim on the property and your second wife should be able to live there as long as you continue to pay for the expenses of maintaining the house. You can not remove your children's names without their approval. FYI: If you own the property with your children as "tenants in common" you can leave your share of the property to your wife. If you own it as joint tenants, upon your death, the children would receive your share automatically.
Answer Applies to: Nebraska
Replied: 7/10/2013
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    You cannot remove the other two persons on the deed without their consent and transfer of their interest back to you. As to future eviction no your present wife by your children, this cannot be answered at this time as you have not died.
    Answer Applies to: California
    Replied: 7/10/2013
    Irwin Law Offices | Michael Irwin
    If you gave your children an interest in the real estate, you cannot remove them as owners without their consent. Thus, it is possible that if you become incapacitated or die, that your current spouse could be evicted from the premises. You may be able to provide for your current wife by other assets through the use of a new Will, a life insurance policy or perhaps a Trust if you have sufficient assets.
    Answer Applies to: Ohio
    Replied: 7/10/2013
    Frederick & Frederick PLC | James P Frederick
    In Michigan, your wife has reason to be concerned. If the deed was recorded, then you might not be able to do anything without your children's agreement and consent. If the deed has not been recorded, then the answer may be different. Depending on what the deed says, you may or may not have other issues. The type of deed matters and the language matters more. I would suggest that you review this with an attorney.
    Answer Applies to: Michigan
    Replied: 7/10/2013
    Gates' Law, PLLC | Thomas E. Gates
    You cannot remove your children without their approval. You do not state what percentage you gave to each child. Have a Power of Attorney made so that your wife can act for you if you become incapacitated.
    Answer Applies to: Washington
    Replied: 7/10/2013
    Law Office of Jessica R. Barsotti | Jessica R. Barsotti
    You cannot remove the children from the deed without their signature. If you are incapacitated and still living in the home, the children cannot evict your wife. After your death is a different story.
    Answer Applies to: California
    Replied: 7/10/2013
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    I'll say it again: this stunt of giving people ownership of your home is a bad one common, but a very bad idea. At this point, you can sue your kids for partition (and show that they have no actual investment in the property). That might work, or might not really, you gave them interests in your home. You need to get a lawyer and do an estate plan: not something you get off the internet, I mean a real estate plan. As part of that plan, you will figure out how to provide for your new wife.
    Answer Applies to: Oregon
    Replied: 7/10/2013
    Danville Law Group | Scott Jordan
    Eviction is a real possibility, unless you act to undo some of the things you have already done. Will your children agree to sign title to the property back to you? If you, there may be other means to ensure she is properly protected. But, you need to sit down with a Wills and Trusts attorney who can work with you on a proper plan of action.
    Answer Applies to: California
    Replied: 7/10/2013
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    You are not able to remove your children's names from the property title without their signatures. You becoming incapacitated would not give your children the right to evict your spouse.
    Answer Applies to: Minnesota
    Replied: 7/10/2013
    James Law Group
    James Law Group | Christine James
    That is a real possibility and a valid concern. Putting your children on the deed made them part owners and they can force a sale. See an estate planning attorney ASAP to go over your situation and see if you can work with your children to make sure your intent is fulfilled.
    Answer Applies to: California
    Replied: 7/10/2013
    Victor Varga | Victor Varga
    Yes they can, and yes you can. You can also add your wife to the Deed as the holder of a Life Estate. That way she has no ownership rights, but has the right to live there until she dies. As for removing your children from the title, the only way is to sell it.
    Answer Applies to: Maryland
    Replied: 7/10/2013
    Richard J. Keyes Attorney at Law | Richard J. Keyes
    In Missouri, your wife is living on the property with your consent. If you become incapacitated, this does not revoke your consent. Therefore, your two adult children cannot evict her without your consent. You cannot remove your two adult children from the deed without their consent as they would have to sign a new deed. Here in Missouri, what you should have done was a beneficiary deed so that your children get the house after your death and are not co-owners while you are still alive.
    Answer Applies to: Missouri
    Replied: 7/10/2013
    Nolan Stewart, PC
    Nolan Stewart, PC | William G. Nolan
    Not having seen your deed I can only surmise what you have but it sounds like you have added your children as either joint tenants or as tenants in common with you. The bad news is that once they are added, they have an interest in the property that you cannot deprive them of. In other words, you cannot remove them from the deed without their consent. As for you becoming incapacitated, your intent is to return home even if you are in a nursing home. Your spouse should be able to stay there until you do return home. However, once you die the kids could attempt to evict her. You might consider leaving her your interest in your will so that she would have better chances of staying there. You might consider meeting with a local attorney who can give you some additional options.
    Answer Applies to: Alabama
    Replied: 7/10/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Yes and no. They can evict her if you become incapacitated and either one is appointed your guardian and conservator. No, you cannot remove them from the deed; at least not if you have recorded it. If you prepared the document but did not record it, then you can tear it up. If you did record it, then you will either need the two children to deed it back to you or the three of you can grant your present wife a life estate, i.e. she can live in the property for the rest of her life.
    Answer Applies to: Idaho
    Replied: 7/10/2013
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