After death who gets the money from the sale of a jointly owned house?

UPDATED: Sep 30, 2022

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After death who gets the money from the sale of a jointly owned house?

My mother recently passed away. She owned a house and later added someone to the

title. They lived together for 30 years, however were never married. If he sold

her house, does he get everything?

Asked on February 29, 2016 under Real Estate Law, Alaska


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

It depends on just how title was held. If it was "as joint tenants with rights of survivorship", then upon the co-owner's death, the other co-owner was automatically vested with 100% ownership. If the deed did not have such language in it, then the property would have been assumed to be held as "tenants in common". This means that upon the co-owner's death, their share would have become an asset of their estate so would have been distributed according to the terms of their Will or state "intestacy" law if there was no Will. At this point, you may want to consult directly with a rlocal eal estate or probate attorney; they can best advise you further.

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 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.

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