Tenancy in Common. State of Michigan. Under the circumstances as described below, do I still own half of the property?

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Tenancy in Common. State of Michigan. Under the circumstances as described below, do I still own half of the property?

My mother (recently deceased) and I have both our names on the property deed with no other commentary which I believe makes it “Tenancy in Common”. There is a will which states that all property is to be left to the heirs and divided equally. My brother has a signed document that reads: “The refinancing needs a addition to the Warranty Deed. If Helen I. Miller (Mom) passes prior to the completion of the refinancing the Warranty Deed reverts back to the estate for resale to Michael P. Barber (me, the son, one of the heirs). At that time the sale as a Mortgage can go into effect”.

Asked on January 20, 2012 under Real Estate Law, Michigan

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your name is on the deed to the property that you are writing about, you have at least one half interest in the property from what you have written.

Once a person's name has been placed on a deed to real property and the deed is then recorded with the county recorder's office, there has been a completed gift made to the person designated on the recorded deed that cannot be taken back.

It seems you have a one half interest in the property you are writing about.


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