Posted on: 15th Dec, 2005 12:26 am
My mother added me on the title to the family after my father passed away 3 years ago as joint tenants with right of survivorship. I recently read in a experts column that a home should be owned as community property with the right of survivorship because by doing so there are tax advantage when the house is sold. Can my mother do so now? And after doing so will she be able to limit tax on capital gains when she sells the home?
Hi harriet!
Welcome to forums!
Unless the wife agrees to sign the deed, it will be difficult for the husband to give the property to someone else. Nevertheless, the husband should contact a real estate attorney and take his suggestions in this matter.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
Unless the wife agrees to sign the deed, it will be difficult for the husband to give the property to someone else. Nevertheless, the husband should contact a real estate attorney and take his suggestions in this matter.
Feel free to ask if you've further queries.
Sussane
my mother in law and father in law got a loan for a mobil cosigned was sister in law (i believe) she is named rights of survivor now loan is paid is she still right of survivor or was it no good now loan is paid in full, what legal parts does she have over this resisdent, she tries to take control and she dont live there can she keep this from other children when both pass away
Hi jen,
If your sister-in-law's name is mentioned on the property deed, then she has the rights to stay in the property and claim her ownership in it.
Thanks
If your sister-in-law's name is mentioned on the property deed, then she has the rights to stay in the property and claim her ownership in it.
Thanks
My mother had a mortgage loan in her name but the deed had her name and mine as survivorship. Do I take over the payments or does the estate pay the balance off since the loan is in her name?
My father and I bought a house, joint tenancy with survivor of ownership, after my dad got married. He's getting divorced. Will his wife have any share of the house?
The deed has only my name and my father's name as joint tenants even though he had a wife at the time the deed was recorded.
The deed has only my name and my father's name as joint tenants even though he had a wife at the time the deed was recorded.
Hi Phuong,
As the ownership of the property is listed as joint tenancy with survivor of ownership, I don't think the wife should have any claims over that property.
As the ownership of the property is listed as joint tenancy with survivor of ownership, I don't think the wife should have any claims over that property.
Thank you very much for your reply. I'm happy to hear that since I read a few website and it's said it's not the law but the public's perception of the law and that she could get 25% of the house after divorce.
Thanks again,
Phuong
Thanks again,
Phuong
Hi Phuong!
Welcome to forums!
It will be better if you could get in touch with an attorney and take his opinion in this regard.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
It will be better if you could get in touch with an attorney and take his opinion in this regard.
Feel free to ask if you've further queries.
Sussane
Thanks Sussane.
I would like to know a little bit first for peace of mind, and when it comes to the time that I have to contact an attorney, I will.
I still have a few more questions in case you know the answers:
1) When my father, a married man, and I own a house as joint tenants (with right of survivorship), can he sell half of his interest on house(I mean half of the house) to someone without my consent/knowlegde/signature?
2) Will his wife have to do/sign anything to sell?
I would like to know a little bit first for peace of mind, and when it comes to the time that I have to contact an attorney, I will.
I still have a few more questions in case you know the answers:
1) When my father, a married man, and I own a house as joint tenants (with right of survivorship), can he sell half of his interest on house(I mean half of the house) to someone without my consent/knowlegde/signature?
2) Will his wife have to do/sign anything to sell?
Hi Phuong,
As both of you are joint tenants with right of survivorship, before selling off the property, your father should inform you and take your permission. If his wife becomes the owner of the property, then she will have the rights to sell off her share without your permission. For that she will have to sign the required docs.
Thanks
As both of you are joint tenants with right of survivorship, before selling off the property, your father should inform you and take your permission. If his wife becomes the owner of the property, then she will have the rights to sell off her share without your permission. For that she will have to sign the required docs.
Thanks
My mother died and my father remarried. When he remarried he had the deed to our property stated his name single man and it was to be left to his heirs. Now he has remarried deed is still the same. His will also states me and my brother are to get the land and house. We live in Alabama and I am not sure if my stepmom has any rights to this property? What do i need to do to make sure she can not get this property or house. Everything is paid for and her name is not listed on anything except that they are now married.
Hi Guest,
If there is no change in the property deed and if the will states that you and your brother will get the property, then that will hold true. After his death, you and your brother will have to probate the will and get the property transferred in your names.
Thanks
If there is no change in the property deed and if the will states that you and your brother will get the property, then that will hold true. After his death, you and your brother will have to probate the will and get the property transferred in your names.
Thanks
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