Joint tenants own a property equally. However, your contract could be written in many different ways that mean different things for ownership, what happens when someone dies, and who receives any proceeds from the property. Look at our articles, blog posts, radio shows and videos for more information and joint tenants and other types of tenancy.
Estate Planning: Holding Title as Tenants in Common Causes Problems
Estate Planning: Holding Title as Tenants in Common Causes Problems Q: My husband died a couple of months ago. He had a living trust. I did not realize that our condo was titled as tenants in common rather than joint tenants. When he died, I asked a friend for the name of a lawyer to [...]
The Pitfalls of Joint Tenants with Right of Survivorship
The Pitfalls of Joint Tenants with Right of Survivorship Stepmother leaves her father, but stays on title as joint tenants with rights of survivorship Q: My father passed away and my stepmom said that I could have the house. My father and my stepmom were married when he died but she left him over seven [...]
Owning a Home Before Marriage
Should you own a home before getting married? Unmarried couple looking for advice on owning a home together Q: My daughter is looking to purchase a home soon with her boyfriend. They are not yet married and I would like to give her some advice on how to title the home before they get married [...]
Can a Surviving Spouse Sell the House?
Can a surviving spouse sell the house? This reader wants to know if they can sell the property if they’re on the house deed but not the mortgage. Q: My wife passed away last year and she was on the mortgage to the home and on the title to the house deed. I’m not on [...]
My Father Died And Had A Mortgage. Can I Keep It?
My father died and had a mortgage. Can I keep it? This reader wants to know if they can assume an existing mortgage loan after a parent's death. Q: My father and I were joint tenants with right of survivorship on our home. He recently died and I would like to stay in my house. [...]
Back Taxes Overpaid From Incorrect Assessment
The county assessor's office incorrectly classified a single-family home as a three-family building. With the mistake corrected, the homeowner wants to know if she can receive a refund for the overpayment of back taxes.
Second Marriage Financial Issues Include House Deed
A woman is in a second marriage but does not have her name on the deed of the house she shares with her husband. The woman would not be protected if her husband dies, especially if she's not been included in estate planning. A good solution would be to use a quit claim deed to change the home ownership to joint tenancy with rights of survivorship or tenants by the entirety.
Tenancy By The Entirety Protects Property
A home owner wants to protect the title to his home, because his wife works in medicine, and could be sued. Tenancy by the entirety could be the best option. Tenancy by the entirety means both of them would own all of the home and would have to agree with most choices having to do with the ownership and sale of the home.
Medicaid Lookback Period Could Reverse Home Transfer
A daughter asks about her father's eligibility for Medicaid after he transfers his home to her. Will his eligibility for Medicaid be affected by the transfer of his real estate wealth? Find out about eligibility for Medicaid and the Medicaid lookback period.
Quit Claim Deed Means Giving Up Ownership Rights
When you sign a quit claim deed you're giving up your ownership rights to that property. If the person who has the remaining ownership rights dies, his or her heirs will inherit the property. Former spouses who sign quit claim deeds give up all rights to those properties. Learn about some possible inheritance scenarios after quit claim deed has been signed.