QUESTION
If I would like to have control of house, must buy his ½?
Asked on Mar 22nd, 2014 on Estate Planning - West Virginia
More details to this question:
This house was built by us after we were married one (1) year, and husband died 18 years after we were married. We own house as tenants in commons. My husband had a will and left his 1/2 interest to his son.
13 ANSWERS
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Yes, you own and 1/2 interest in the house and your husband's son owns a 1/2 interest in the house, so to get the entire ownership, you need to buy out his 1/2. ? There are adjustments, for example, if you paid on the mortgage - the principle amount is taken off his 1/2, same if you added any improvements to the house. On the other side, if you have lived there and he didn't you would owe him for 1/2 the rental value of the house.
Answered on Mar 25th, 2014 at 2:01 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Please contact an attorney to review this. If you were husband and wife and it does not say tenants in common on the deed you owe in in the entirety.
Answered on Mar 25th, 2014 at 6:11 AM
Edwin K. Niles
You can force a sale by what is called an unlawful detainer action. Just a threat of that is usually enough to bring about an agreement to sell out.
Answered on Mar 25th, 2014 at 6:10 AM
Yes, you will have to buy out your step-son's share of the property to have total ownership of the house.
Answered on Mar 25th, 2014 at 6:10 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Obtain an appraisal, determine value of his half, and you will have to purchase his half. Suggest you use a title company and escrow company to assist you in this matter, to assure you of a clean title in the future.
Answered on Mar 24th, 2014 at 2:33 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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You can elect to take against the Will. You do not say when your husband died or whether or not a probate estate was opened. If one was, I would suggest that you make the election to take against the Will. That would give you 1/2 of your intestate share of the estate, or roughly, the first $80k, plus 1/4 of the remaining value. Depending on the value of the property, you may own the whole thing. You might suggest that he buy you out, or that you buy him out. Figuring out the sales price might be a bit tricky, under the circumstances. At least, this would give you a starting point for negotiations.
Answered on Mar 24th, 2014 at 2:14 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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You may be entitled to an additional share if you "elect against the will," claiming your spousal elective share.
Answered on Mar 24th, 2014 at 1:04 PM
3 Awards
Yes. Per the Will you each own.
Answered on Mar 24th, 2014 at 12:53 PM
It's most unusual for a husband & wife to own property as tenants in common rather than as tenants by the entirety, but, if you did own as tenants in common, then you would need to buy the son's 1/2 interest.
Answered on Mar 24th, 2014 at 12:52 PM
Elder Law Attorney serving Savannah, GA
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Elder Law Office of Mark Schaefer PC
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Talk with an attorney about the feasibility of petitioning to have his half of the house awarded to you as Year's Support.
Answered on Mar 24th, 2014 at 12:52 PM
2 Awards
Yes, you have to probate the husband's will and buy the 1/2 out of this estate.
Answered on Mar 24th, 2014 at 12:50 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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The only way to gain absolute control of the property is to purchase the ownership interest bequeathed to your husband's son.
Answered on Mar 24th, 2014 at 12:49 PM
Taxation Attorney serving Charleston, WV
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C. Page Hamrick III
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FOR WEST VIRGINIA ONLY: If you and your late husband owned the house as tenants in common, rather than joint tenancy with right of survivorship, and he left his 1/2 to his son, then each of you own 1/2 of the house. So, to obtain full title to the house, you would have to receive a deed from the son, which may require you to purchase his interest.
Answered on Mar 24th, 2014 at 12:47 PM