Who owns the house

[Deannedegn]

What is the name of your state (only U.S. law)? .CA
My ex-husband and I co-owned our home and the agreement was if I died he gets the home and if died I'd would get the home. He passed away and now my kids think that his half should be theirs. My divorce papers state only that we co-owned home so my question is to my kids own half of the house?

 

[LdiJ]

What is the name of your state (only U.S. law)? .CA
My ex-husband and I co-owned our home and the agreement was if I died he gets the home and if died I'd would get the home. He passed away and now my kids think that his half should be theirs. My divorce papers state only that we co-owned home so my question is to my kids own half of the house?

How was the property deeded? Was it deeded "with rights of survivorship" or not? That would make a difference.

 

[quincy]

Although perhaps not directly related to the question you ask here, for the benefit of forum advisers here is some additional background.

A link to your other recent thread:

https://forum.freeadvice.com/other-real-estate-law-questions-11/deed-trust-645692.html

 

[not2cleverRed]

What is the name of your state (only U.S. law)? .CA
My ex-husband and I co-owned our home and the agreement was if I died he gets the home and if died I'd would get the home. He passed away and now my kids think that his half should be theirs. My divorce papers state only that we co-owned home so my question is to my kids own half of the house?

Are your kids his kids?

If the kids in question are *not* his kids, then absent a will, they inherit squat.

(I gather from some of your other posts that at least one of your kids are not his.)

It the house if in a trust, or deeded in some way, that include the kids that are not his explicitly, then they have some claim.

What do you have, in writing? Is this spelled out in the divorce decree?

 

[Deannedegn]

Are your kids his kids?

If the kids in question are *not* his kids, then absent a will, they inherit squat.

(I gather from some of your other posts that at least one of your kids are not his.)

It the house if in a trust, or deeded in some way, that include the kids that are not his explicitly, then they have some claim.

What do you have, in writing? Is this spelled out in the divorce decree?

the kids are both ours and in the divorce it just says we are co-owners but when I submitted my paperwork it said if he died I got the house and if I died he got the house the deed has all remaining on it and it's not in a trust

 

[Shadowbunny]

the kids are both ours and in the divorce it just says we are co-owners but when I submitted my paperwork it said if he died I got the house and if I died he got the house the deed has all remaining on it and it's not in a trust

What paperwork? And have you looked at the deed to see how it's worded? If not, no one can help you.

 

[Deannedegn]

How was the property deeded? Was it deeded "with rights of survivorship" or not? That would make a difference.

I dont know. How would i find out? We've had this house for 34 years

 

[LdiJ]

I dont know. How would i find out? We've had this house for 34 years

Go down to the county office that handles deeds and ask for a copy of your deed. Odds are however that it was a "right of survivorship" deed and therefore odds are that the house is all yours.

 

[Shadowbunny]

Google "your county name" + county assessor. You should be able to find a copy of the deed online, for free.

 

[HRZ]

Perhaps on line...sometimes the one on line titles are not exact..and the ones on recorded deeds count...locally staffers officially will not do the work of look up for you...but a smile and please sometimes gets a lot of help ..

IF the title is JWROS or TBE it is ultra likely it is all yours.

YOu did not ask..but be hard nosed about making sure there are no squatting kids in there...they soon smell like tenants ..and tenants have piles of rights.