• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Parent Home - jointly owned

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

TpaNative

Junior Member
What is the name of your state? Florida

My parents were divorced in 1979.

Our family home which they have owned since 1956 is still in both of their names. My mother has been living in it since the divorce and paid the remaining mortgage and has paid all taxes, insurance, and repairs herself. My father has not contributed to the home whatsoever since 1978. The divorce degree had stated that the home was to be sold when I reached majority but my father never pursued this. I am now 43.

My question is if should something happen to either of them. Who does their half ownership of the home go to? The surviving ex-spouse since the home is owned together or a next of kin to either? Does my mother have any rights since my father never has paid for any of the home repairs, taxes, insurance, mortgage etc. since 1978?
 


nextwife

Senior Member
Depends upon how title is held. If it is held as JTWROS, the surviving joint tenant becomes the full owner upon the death of the other jt tenant.

Your mother indeed has rights. Rights to exclusive use of the house, the rights as half owner, and the right to become full owner if dad dies first. As your mom had full and complete use of the property, and dad never got even his equity out, that he was supposed to get when you reached majority, he is entitled to, at minimum, his half ownership at some point. If they are Jt. Tenants, it becomes his, or hers, depending upon who dies first. The property would pass outside probate and not be subject to the will.

If they changed ownership to the property being held between them as Tenants in common when they divorced, they can deed their respective half interests in their wills.

Was he court ordered to share the cost of the house,
or was mom awarded the use of the house and responsibilty for it? If he was not legally obligated, via a Court order, to help with payments or maintenance, then there is nothing for mom to seek recourse about. She's the one who failed to follow the CO.
 
Last edited:

TpaNative

Junior Member
Thanks so much for your response.

We will have to review the court orders again. But from our recollection it was worded as such that mom would have exclusive use of the marital home and furnishings until I reached the age of majority. Like I said, nothing was done when I reached 18 and my mom has lived there and paid for everything ever since.

I would assume that if they were married when they bought the home that it was titled as JTWROS. When they divorced nothing was ever changed. But we will need to check that out too. The property appraiser's website lists it as my mom AND Dad's name.
 

LindaP777

Senior Member
I'm sure the house is paid off by now, right? So it would be a matter of changing the name of the deed. Take the divorce docs to an attorney who knows real estate law and get him to prepare and record a new deed in your mom's name.
 

nextwife

Senior Member
Our family home which they have owned since 1956 is still in both of their names. ..... The divorce degree had stated that the home was to be sold when I reached majority
I'm sure the house is paid off by now, right? So it would be a matter of changing the name of the deed. Take the divorce docs to an attorney who knows real estate law and

get him to prepare and record a new deed in your mom's name.
What are you talking about? Mom was awarded full use of the home during the minority of the children, with a provision to sell and pay dad his half when they reach adult age. And her ex is half owner.

A RE attorney can't just take dad off title!
An attorney can't just create a deed, and record it, removing a third parties interest!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! Only dad can deed out his still remaining interest.


If mom wants him off, she needs to pay him for his half interest, that he's been patiently waiting for since the divorce. She was SUPPOSED to only be sitting on his equity until the children reached adulthood..
 
Last edited:

LindaP777

Senior Member
Sorry, the poster did not say her dad was 1/2 owner and I failed to read between the lines. If he is half owner, then of course he is entitled to half. And if he isn't, then a court would not have told mom to sell the house. That's what I get for not thinking the post through.

TpaNative, please take nextwife's advice and disregard what I said!
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top