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OK my mother in law had a survivor ship deed with 10 kids listed as owners
she has been gone for a year now and they still have not been able to get the Husband of one of the Daughters to sign the deed so the house can be sold, he lives in texas and she lives in Ohio ,we have a buyer and set up the closing already But because of this one person we have not been able to
close.Is there anything short of probate court that can be done???

sabrinatoss · Posted: Sun Sep 18, 2011 8:40 pm Post subject:

Hi Darla!

The real property must be inheritable by the wife's offspring in order for her to claim dower. Even if, however, their marriage produces no offspring, the wife is entitled to dower as long as any such progeny of her husband would qualify as his heirs at the time of his death.

The claim of dower is based upon proof of a legally recognized marriage, as distinguished from a good faith marriage or a de facto marriage — one in which the parties live together as husband and wife but that is invalid for certain reasons, such as defects in form. A voidable marriage, one that is valid when entered into and which remains valid until either party obtains a lawful court order dissolving the marital relationship, suffices for this purpose if it is not rendered void — of no legal force or binding effect — before the right to the dower arises.

Idea

jameshogg · Posted: Sun Sep 18, 2011 9:05 pm Post subject:

Hi Darla,

Well, all the owners will have to agree for the sale of the property. Unless all the owners of the property agree for the property sale, the property can't be sold off. You can contact a real estate attorney who can negotiate with that person and sort out the matter. May be the other sellers can offer him a certain sum of money so that he agrees to sign the deed to sell off the property.

Thanks

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