1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

joint tenant with survivorship

Discussion in 'Joint Ownership' started by Jennifer12, Jul 14, 2009.

Thread Status:
Not open for further replies.
  1. Jennifer12

    Jennifer12 Law Topic Starter New Member

    Messages:
    7
    Likes Received:
    0
    Trophy Points:
    0
    We have a joint teanancy with survivorship, we are not married. If one of us would die would the other just continue paying our mortgage as all ways with no change? How do I get the name of the deceased off the title? can I just go to the clerk of courts and have it removed?
    Can creditors of the one who died get any of the house if the name has been removed to the survivors name onlY.
    we wante to avoid all and any probate costs and Probate Court entirely.
    Thank you
     
  2. dee_dub

    dee_dub Moderator

    Messages:
    2,127
    Likes Received:
    298
    Trophy Points:
    83

    The only way to be sure about these questions is to see an estates attorney.

    Generally, yes, if one dies, the other takes full possession of the house and bears the responsibility for the mortgage. How you get the other person off title depends on the the land title rules in your jurisdiction, but it's usually a straightforward application attaching a certified copy of the death certificate.

    Creditors of one of you would not have a claim against the house after that person's death unless the house was put into the survivor's name in order to defraud them - like, for instance, if the house REALLY was your partner's, and you didn't really contribute anything to it, and the two of you decided to put it into joint ownership so it wouldn't go to his creditors.
     
  3. meblu2u

    meblu2u New Member

    Messages:
    4
    Likes Received:
    0
    Trophy Points:
    0
    Could u give some suggestive advice long story short I rent from a police detective who wont fix anything major slumlord having trouble with neighbor in 4 family townhouse called police 17 times latest today she threatened my life infront of my daughter police said hear say called landlord he said if I continue to call police he would evict me been here 3 years second tenant with same issue with the neighbor what to do?
     

Share This Page

Thread Status:
Not open for further replies.