Posted on: 06th Mar, 2008 07:19 am
Hi,
I am co-owner of a property that was quitclaim deeded to five siblings. My parents both had homestead provisions to use property as occupants of "principle residence". My father passed away four years ago.
If the surviving spouse vacates property to live with one child stating intention not to return to property to live, can that property be occupied by a non-owner without the written permission of the five co-owners? Does the surviving spouse have any rights when not in residence?
Thank you,
John
I am co-owner of a property that was quitclaim deeded to five siblings. My parents both had homestead provisions to use property as occupants of "principle residence". My father passed away four years ago.
If the surviving spouse vacates property to live with one child stating intention not to return to property to live, can that property be occupied by a non-owner without the written permission of the five co-owners? Does the surviving spouse have any rights when not in residence?
Thank you,
John
If the property was quitclaimed to the five siblings, they own the property. The parents have no longer any rights to the property.
It depends on how they took title, but by default, the five siblings have an individed equal share in the property. Since all have rights to possession, they must agree to which owner will possess. Generally, the possessing owner owes rent to all the other owners.
It depends on how they took title, but by default, the five siblings have an individed equal share in the property. Since all have rights to possession, they must agree to which owner will possess. Generally, the possessing owner owes rent to all the other owners.
Hi Dr.John,
Welcome to the forum.
I agree with Jheard that the surviving spouse has no claim on that property as it has been quitclaimed. Now the "five siblings" are the owner of the property.
"can that property be occupied by a non-owner without the written permission of the five co-owners?" I think no. The non-owner cannot stay without the permission from the owner of the property.
Best of luck,
Larry
Welcome to the forum.
I agree with Jheard that the surviving spouse has no claim on that property as it has been quitclaimed. Now the "five siblings" are the owner of the property.
"can that property be occupied by a non-owner without the written permission of the five co-owners?" I think no. The non-owner cannot stay without the permission from the owner of the property.
Best of luck,
Larry
John, if the surviving spouse remains on the title, then she can exercise her rights on the property. However, if she has quitclaimed it to someone and given up her rights, then obviously she cannot claim her rights until and unless one of the co-owner quitclaims back her share of interest.