Am I able to be part owner
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Am I able to be part owner
I live with my grandma and grandpa and I’ve been living here for more than a year; I’m 19. However, my grandpa Is a real ass and keeps threatening to kick me out. Yet, he does not work or pay bills, my grandma does. They have a joint Will wherein my dad gets 30% my aunt gets 50% and my 3 siblings and I each get 5%. I don’t work and I’m listed as a dependent on their tax returns. I really don’t want to be kicked out, so I’m looking for a way to legally take part ownership of the house so that they can’t kick me out.
Asked on May 28, 2017 under Real Estate Law, Florida
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
No, you can't take ownership of their home now due to being in their will: a will has NO effect or power until the person making it dies, and the way a will must be read is "IF I still own property A when I die, then person B will inherit it..."--that is, the will does not control what they do with the proper while they live: for example, they could sell it, and you'd then inherit nothing. (And, of course, they could modify the will to take you out of it, too.)
Being listed as a dependent doesn't give you any right to home, either.
You are completely incorrect that living with someone gives you a right to their property: you can live with someone for 6 decades (or more!) and not get any right to what they own. All that living with someone means is that if they ask you to leave and you don't go, they then have to turn to the courts to remove you--which the courts will do, but it will buy you a little time while the process works out.
Ultimately, if you do not pay rent as a tenant, you are a guest, and a guest may be asked to leave at any time. If you don't go when asked, they can have the courts remove you (e.g. via an action "for ejectment").
The only thing in your favor is that *any* owner of a house can give you permission to stay. If your grandmother is also an owner (e.g. on title) and she is willing to let you stay, your grandfather cannot remove you over her wishes; but if she goes along with him, you'd have to leave.
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