Tenants in common is a type of ownership in which two or more parties have an undivided interest in the property. With tenants in common, the owners may or may not have equal shares of ownership, and there are no rights of survivorship. However, each owner retains the right to sell his or her share in the property as he or she sees fit with tenants in common ownership.
Owning a Home Before Marriage
Should you own a home before getting married? Unmarried couple looking for advice on owning a home together Q: My daughter is looking to purchase a home soon with her boyfriend. They are not yet married and I would like to give her some advice on how to title the home before they get married [...]
Can You Have Three Joint Tenants With Rights of Survivorship?
Can you have three joint tenants with rights of survivorship? This reader wants to know if it’s legal to add a third person to the title of their home. Q: There are two of us on the title of a home. We own the home as joint tenants with rights of survivorship. Is it legal [...]
Does a Quitclaim Deed Override a Will?
Does a quitclaim deed override a will? This reader wants to know which document is used to determine who inherits the property of a friend who passed. Q: My friend filled out a will before she married her last husband. She owned a house and when she married she did a quitclaim deed with her [...]
How Do You Change A Deed from Tenants in Common to Joint Tenants?
How do you change a deed from tenants in common to joint tenants? This homeowner also wants to know if it will trigger any adverse tax consequences. Q: My wife and I purchased a home over 40 years ago. The original deed is titled as John Smith and Sally Smith. This defaults to tenants in [...]
Can a Surviving Spouse Sell the House?
Can a surviving spouse sell the house? This reader wants to know if they can sell the property if they’re on the house deed but not the mortgage. Q: My wife passed away last year and she was on the mortgage to the home and on the title to the house deed. I’m not on [...]
What Happens to a House When Someone Dies?
What happens to a house when someone dies? It depends on a number of factors like if there was money still owed on the home or a will naming an heir. Q: My husband and I refinanced my grandparents’ house because they had a reverse mortgage. My grandma had passed away and my grandpa was [...]
Selling Your Home After Your Spouse Dies Doesn’t Mean You Have to Change the Title
Selling your home after your spouse dies doesn't mean you have to change the title. What really matters is if you own it under joint tenancy or tenants in common. Many homeowners whose spouses have died think they need to change title into their own name as sole owner if they are going to sell, [...]
What Happens to a Quit Claim Deed When a Spouse Dies?
What happens to a quit claim deed when a spouse dies? It all depends on the type of deed transfer and their estate plans. Q: What happens if you and your wife own a home through a quit claim deed and the spouse dies? We live in the State of Maine. A: A quit claim [...]
Back Taxes Overpaid From Incorrect Assessment
The county assessor's office incorrectly classified a single-family home as a three-family building. With the mistake corrected, the homeowner wants to know if she can receive a refund for the overpayment of back taxes.
Divorced Spouse Sells Property and Commits Fraud
When you get divorced you may still own property with your ex-spouse, perhaps as tenants in common. If one of the partners sells the property without the permission of the other, that spouse is committing fraud. What are the options for the other spouse?