If my mother owns a house with her ex-boyfriend, can she sell me her half of the property?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my mother owns a house with her ex-boyfriend, can she sell me her half of the property?
She was told the property cannot be willed to me according to the deed. We are trying to file a partition of sale of property but the other party keeps delaying. My mother is terminally ill and would like to take care of this matter ASAP.
Asked on September 13, 2011 under Real Estate Law, Virginia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Your mother and her ex appear to hold title as "joint tenants with right of survivorship". This means that upon the death of one of them, the other holds sole 100% title to the property. This is why you mother can't Will you her share and why her ex is dragging action his feet regarding the partition (once your mother passes it will all be his). However, as long as your mother is alive she can freely transfer (e.g. sell) her share to anyone. Therefore, you should move immediately to have her do so. I would consult with a real estate attorney as to this.
Note: Once she conveys you her share, the joint tenancy terminates. You and her ex will then hold title as "tenants in common". This means that not only can you sell your share while you are alive, you can also Will your share upon your death.
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.