QUESTION

ownership of home when one owner has died not married couple

Asked on May 21st, 2014 on Real Estate - New Jersey
More details to this question:
I purchased a home with someone many years ago we were not married but I lived in the home till the relationship dissolved. The person has just died. I am on the deed and on the mortgage I believe. The estranged sibling, who was never around, of the deceased wants to take over and not give me keys to the property. I still have my personal belongings in the home. I'm getting conflicts advise..Can I legally stop him from removing property and taking over?
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1 ANSWER

William Mack
I assume that you and the deceased partner were tenants in common on the deed.  I also assume that the sibling of the deceased inherited his ownership interest in the house through either a will or intestate administration of the estate. Therefore, you and the sibling are tenants in common today.  That means that either of you is entitled to use the property, and neither can exclude the other from its use.  You are equal owners.  As to personal property, that is still yours and he cannot deal with your personal property in any way - move it, store it or sell or dispose of it - without your consent. You and he will have to come to some arrangement as to what you will do with the house.  If he wants to live there, he needs to compensate you for half of a fair market value rent - he is not entitled to live there for free.  If he leases it out to a tenant, you are entitled to have the rent - although you would also be obligated for half the cost of upkeep.
Answered on May 21st, 2014 at 4:08 PM

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