Co-owner dies! Help!

[ilsdesigns]

I am married, but my father and I co-own a home (during my marriage, not before) without my husband. Therefore, my father's name and mine are on the deed. It does not state "joint tenancy", so I assume this is now tenants in common? My father (who is not married) passed away recently and I was left nothing in the will, everything went to my half-sister from my father's first marriage. My father has four living children. My father paid NOTHING into the down payment or the mortgage monthly payments, it was all paid for by my husband and I. My husband and I would like to keep our home. How do I go about getting his name removed from the deed? How do I keep exclusive right to my home?What is the name of your state?

[tranquility]

Since there is a possibility of some legal theories to get what you want, you need a lawyer immediately. Otherwise, the father's portion of the house will go into the estate to be divided appropriately. I'm not saying you have a chance to keep the house entirely yours, I'm just saying there may be some factual circumstances where you can claim things are a certain way and prevent the estate from gaining control over 1/2 the house. If your siblings are contentious, this could get expensive.

However, there is no easy way to remove your father's name from the deed.

[ilsdesigns]

My father's will has not been filed yet and I don't think my siblings are aware that he co-owns this house with me. They believe that he was just a co-signer. What if my sibling (the one who got everyting in my father's will) had no interest in the house and agreed to sign over all rights to her half to me . . . what is this process and who do I talk to so that I can make it happen? Would I have to refinance my home? Would there be a fee? Would I contact the mortgage company, title company, attorney to have the paper work drawn up to have her sign it over?

Thanks!

[JETX]

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