What to do if my ex and I owned a home and when he died then I sold it but now my children are suing saying they owned 50%?

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What to do if my ex and I owned a home and when he died then I sold it but now my children are suing saying they owned 50%?

The boys are suing the new owner and mortgage company who are suing me. My ex and I owned a home. He died, then I fixed it up and sold the home. Now my children are suing saying they owned 50% of the home and there their money. Our deed said we owned the home as tenants by the entirety with the rights of survivorship as at common law, together with all the rights, privileges, appurtenances and rights of way thereunto belonging or in anywise appertaining, their heirs or assigns forever. Are our sons entitled to 50%? The boys are suing the new owner and mortgage company who are suing me.

Asked on February 23, 2012 under Estate Planning, Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am so sorry.  And you owned this home as husband and wife prior to divorce, correct?  You can only own a house as tenants by the entirety if you are husband and wife.  Once you divorced you owned the property as tenants in common and there is then no absolute right of survivorship rights - meaning that the property passed to you upon his death.  You would have had to either re-do the deed to state that or if he had a Will it would control the distribution.  Get yourself an attorney.  You may need to give his half back.


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