If I co-own property with my boyfriend and he dies before me, who owns his share?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I co-own property with my boyfriend and he dies before me, who owns his share?
Title is “single persons, buyers”. My boyfriend has no Will. He has 2 children. Do they inherit his share or will I become sole owner?
Asked on June 9, 2011 under Estate Planning, Alaska
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Unless the deed reads your names followed by "Joint tenants with rights of survivorship" (JTWROS), the law presumes that you hold this property as "tenants in common". Accordingly, when a tenant in common dies their share passes to their estate not to the other joint owner. So, in your case, since your boyfriend doesn't have a Will, if he dies he will dies "intestate". Consequently his share of the property will go to his children. If you want your boyfriend's share to pass to you by "operation of law" (i.e. automatically) you will need to amend the deed to read as "JTWROS".
You really should consult directly with a real estate attorney in your area.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.