Right of survivorship

Guest

My boyfriend and I bought a house as joint tenants with right of survivorship. We broke up and he continues to live in our house. I was forced to move out due to his hostility and aggression toward me. I continued to pay half the mortgage as I was trying to resolve, sell, buy him out of the house. As it became apparent he wasn't goint to consent to any of my suggestions nor suggest any of his own, I have refused to continue paying half the mortgage. He is not paying the mortgage either and is living in our house "free" and forcing a foreclosure. I don't want to foreclose. What are my options?? Thanks

jerry · Posted: Tue Jan 06, 2009 2:31 am Post subject:

Hi,

You can contact the lender and check with him about the various options to avoid foreclosure. Check out whether you will consider a short sale or a deed in lieu. However, whether you do a short sale or a deed in lieu, you will have to sell off the property. In order to do that the lender will ask for a quitclaim from both of you.

To know more about different ways to avoid foreclosure, check out the following link:
http://www.mortgagefit.com/foreclosure/17ways-avoid.html

Thanks,

Jerry

Guest

My mom died in 2004 and I haven't done anything with her estate. My mom and I had a mortgage together. She did not leave a will. I was left with the responsibility of the mortgage payments and property taxes. I want to sell the property. To I have the legal right to do so as the second person on the mortgage eventhough there was no will. I have two siblings who were not on the mortgage, nor did they ever contribute to paying off the home or property taxes. I live in New Jersey.

jameshogg · Posted: Wed Jan 21, 2009 12:03 am Post subject:

Hi JH,

You will have to transfer the property solely in your name first and then sell it off. In order to transfer the property in your name, you will have to file an affidavit of heirship in the county recorder's office.

Thanks

Guest

my husband and his sister are on the surviorship deed with their mother if the mother passes away what happens to the property? the sister can not afford the taxes. Can she live in the home without paying anything?

Guest

My husband and I own our home jointly. Since we were both married before, we have different heirs. What happens if we both die in the same accident. We live in Utah.

gmakerley · Posted: Tue Mar 10, 2009 11:47 am Post subject:

two scenarios, and hopefully two answers that will make sense.

barbara: your husband and his sister would become the joint owners of that home in the event his mom dies. in that case, they'll need to decide what to do with the house. the options would be, of course, to sell; to rent to someone else entirely different; and of course, he and his sister could combine to make the payments.

ok now for mary: what you ought to do is find a lawyer and make out a will that can provide for your heirs in the event of the death of either or both of you. of course, you don't have to get a lawyer, but given the nature of your past and current relationships, i'd think you would do better with one than without.

Guest

MY GRANDFATHER OWNED A PROPERTY THAT WAS VACANT FOR 2 YEARS PLUS, HE ORIGINALLY LIVED THERE BUT THE UPKEEP WAS TO MUCH FOR HIM TO HANDLE. HE OFFERED TO MY HUSBAND AND I TO TRANSFER THE HOUSE TO US AS LIVE IN TENANTS WITH RIGHT TO SURVIVIORSHIP. WE WENT TO A LAWYER AND DREW UP A PROMISARY NOTE THAT MY HUSBAND AND I WOULD PAY HIM $2000.00 A MONTH UNTIL TEH SUM OF $500.000 WAS SATISFIED FOR THE HOME TO MAKE IT FAIR FOR HIS 4 CHILDREN IN THE EVENT OF HIS PASSING. NO MORTGAUGE WAS RECORDED. UNFORTUNALTY 2 MONTHS AFTER THE PAPERWORK WAS COMPLETED MY GRANDFATHER WAS DIAGNOISED WITH CANCER AND PASSED AWAY. THE DAY AFTER HIS FUNERAL I WAS CONTRACT BY FAMILY'S LAWYER DEMANDING THAT I HAVE A MORTGAGE DRAWN UP THIR NAMES AND PAY THE MORTGAUGE RECORDING TAX. MY QUESTION IS CONSIDERING THE HOUSE IS IN MY NAME (AND MY HUSBANDS) IS THE PROPERTY CONSIDERED OUTSIDE OF HIS ESTATE? I HAVE BEEN MAKING MY MONTHLY PAYMENTS TO ONE OF THE HEIRS WHO IS CASHING THE CHECKS, DO I LEGALLY HAVE TO RECORD THE MORTGAGE?
WE THOUGHT THE PROMISARY WAS LEGALLY BINDING US TO THE DEBT TO HIS HEIRS?

Guest

My dad passed. He was married and had a girlfriend. The girlfriend claims she has Right of Survivorship on his pickup, because she was also listed on the title. No money is owed on the truck. Would both my dad and her have to approved Right of Survivorship? Can this be done after his death?

gmakerley · Posted: Sat Oct 03, 2009 8:20 am Post subject:

you don't mention his wife other than to say he was married. does the wife have any claims on the vehicle? this could turn out to be an interesting situation.

adrianlee1971 · Joined: 13 Sep 2009 Posts: 53 -0.17 Dollars($)

you are from which state? is it community state?

savior70 · Posted: Thu Oct 08, 2009 5:49 am Post subject:

To Karen,

As your grandfather had transferred the property to you and your husband, it should no longer be part of his estate. But if the property title is still in your grandfather’s name and you’ll get the title only after fulfilling the terms of the agreement, then the property is still part of his estate. The promissory note is legally binding for sure. But the recordation of the mortgage is also important as it gets updated in the public records that you hold a lien on the property. But if you have any doubts regarding this, you ought to consult an attorney because such queries can be best answered by an attorney.

To RNT,

In case your father’s girlfriend is listed on the title, she is a co-owner of the truck and can claim her right in it. There’s little you can do about it. You cannot even remove her from the title, unless she willingly gives it up. But your mother can claim certain interest in it, provided the property is a community property. Your best option now is to consult an attorney.

Guest

Father died, without a will stepmother recieved house due to joint tenant/ survivorship. The house is worth $600,000. They still owe $200,000 on the house. As his only biological child shouldn't I receive 1/2 of the $400,000 estate=$200,000 minus the $15,000 (court/spouse fee)? I believe I should receive $100,000 upon death and $100,000 after stepmother dies (for she can use that for a life interest) correct? Also is there a time deadline on
filing an estate of survivorship? She is his personal representative and did not, will not file for me (I am over 30 years old.) He died 3years and 11 months ago. I live in Maryland.

gmakerley · Posted: Sun Dec 06, 2009 9:10 pm Post subject:

without a will, how is it that you have determined your inheritance? was the estate probated, or is everything sitting still until you and she haggle (til death do you part)?

the 4th anniversary is approaching; why not round it off at 5? or...it seems a little late at this time.

Guest

My ex and I bought a house together. It is completely paid off and in both of our names. We have right of survivor ship on the house. Well, we broke up recently and he is telling me he's going to just "take my name off the house" and leave the house to his family when he dies. Can he legally just take my name off the house or would he have to take me to court in order to do so? and One more question... We both still live in the house and he is trying to make me move out. Well, I'm not working and I have a 2 yr old daughter so can he legally make me move out when both of our names are on the deed to the house?

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