QUESTION
Do I have legal rights to my boyfriend's (of 55 years) house?
Asked on Feb 04th, 2013 on Estate Planning - California
More details to this question:
What rights do I have if my boyfriend owned (we’ve been together for 55 years) a home and added me to the deed 6 months before his passing? However, he was legally married to his wife. Note, my boyfriend was the only person on the deed and purchased the home by himself and not his wife. My boyfriend had his wife signed a document saying the house was rightfully his when he purchased the home. State – California.
6 ANSWERS
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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If you are on the deed, then you likely have some rights in the property. It is impossible to fully advise you without reviewing the deed, your boyfriend's will, and the paperwork his wife signed. I strongly suggest you contact a lawyer to help you figure out your rights and to have the property transferred to your name, assuming you have a right to do that.
Answered on Feb 06th, 2013 at 1:06 PM
If he made you a joint tenant then you would own the house. If you were a tenant in common then you would only be entitled to a portion of the house. You would have to see the wording of the deed to make that determination.
Answered on Feb 06th, 2013 at 1:05 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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It depends on the nature of the "document" the wife signed and how title was held. Did she sign a quitclaim deed, or something else. When he added you, was it as a joint tenant, tenant in common, or something else. Also, did he leave a will? If she signed a quitclaim deed to him, and he properly added you as a joint tenant with right of survivorship, then the house is yours.
Answered on Feb 06th, 2013 at 1:05 PM
2 Awards
Your situation is complicated and you need an attorney to review the documents. If you are on the deed however, you should have some right depending on how title is held.
Answered on Feb 06th, 2013 at 1:05 PM
Shadi Ala'i AlaiShaffer
If your boyfriend added you onto the deed then depending on how the deed was titled you have rights to either half or all of the real property/deed. You should consult with an attorney to make sure and to file the required documents now that he has passed to make sure your rights with the property are protected.
Answered on Feb 06th, 2013 at 1:05 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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The house is yours if title held in joint tenancy between the two of you by right of survivorship, or if you are not on title, then he would have to will the property to you.
Answered on Feb 06th, 2013 at 1:05 PM