Posted on: 24th Mar, 2009 08:41 am
I live in massachusetts. My father and I are on the deed to our house together, and both on the mortgage. I am married since before this arrangement and my father got married after we entered into this arrangement.
My wife had a "falling out" with them a few years ago when they moved in (they live in a separate half of the house). Since then they have not spoken. My wife and I would like to end this arrangement and go purchase another house in our names as the situtation is not working out.
When my father got married, he had his will written so he leaves his half to my stepmother if he dies first and then when she dies her will says it then goes to me. Whenever I ask for copies of the wills they get annoyed and don't understand why I don't trust them.
Correct me here:
The fact that he can choose to leave his half to my stepmother must mean that we are tenants in common?
If we were joint tenants then his half would automatically go to me?
This is where I am worried that he could just change his will at any time to leave nothing to me. I have been paying the mortgage for 8 years.
They say that the fact that I am on the deed means I am entitled to half the house no matter what and I shouldn't worry about their wills. Is this true?
Am I at this point entitled to half the properties' equity, by virtue of being listed on the deed?
Thanks
My wife had a "falling out" with them a few years ago when they moved in (they live in a separate half of the house). Since then they have not spoken. My wife and I would like to end this arrangement and go purchase another house in our names as the situtation is not working out.
When my father got married, he had his will written so he leaves his half to my stepmother if he dies first and then when she dies her will says it then goes to me. Whenever I ask for copies of the wills they get annoyed and don't understand why I don't trust them.
Correct me here:
The fact that he can choose to leave his half to my stepmother must mean that we are tenants in common?
If we were joint tenants then his half would automatically go to me?
This is where I am worried that he could just change his will at any time to leave nothing to me. I have been paying the mortgage for 8 years.
They say that the fact that I am on the deed means I am entitled to half the house no matter what and I shouldn't worry about their wills. Is this true?
Am I at this point entitled to half the properties' equity, by virtue of being listed on the deed?
Thanks
Hi willyampz,
A joint tenancy generally comes with a right of survivorship which allows the surviving tenant own the portion of the deceased tenant. But since you said your father has willed the property to your step mother, I don't think the form of ownership is still a joint tenancy. It is now a tenancy in common. However, as you are listed on the title you are entitled to half the property anyway. Your father can only will his portion of the property, not yours.
A joint tenancy generally comes with a right of survivorship which allows the surviving tenant own the portion of the deceased tenant. But since you said your father has willed the property to your step mother, I don't think the form of ownership is still a joint tenancy. It is now a tenancy in common. However, as you are listed on the title you are entitled to half the property anyway. Your father can only will his portion of the property, not yours.