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He Has Survivorship |
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Dear Edith, Nine years ago, my daughter and her boyfriend bought a house together (they have two biological children).
October of 2005 he moved out, and by November he married another woman. He and my daughter were never married, but lived together for 17 years. They have a sole survivorship deed and he refuses to give up the property. We have consulted with two attorneys and both suggested that she allow the home to go into foreclosure. My daughter refuses and continues to make the mortgage payments. What recourse does she have? |
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With a survivorship deed, if her children’s father dies your daughter gets the whole house automatically. Of course it works the other way around. If she dies first, the house goes to him.
But as long as they are both alive, and if she lives in the house, what difference does it make if he’s half-owner? Unless he’s trying to sell the house out from under her, I don’t see the problem. |
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Edith
Originally published on January 6, 2006 |
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