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I purchased a house with my mother in April and it was deeded as joint tenants with right of survivorship.
Anonymous7 views2 answers
The mortgage was in both of our names. My mother passed away on Nov 9th and my step-father is living in the house. I have asked him to help with the house payment as I cannot afford it and he refuses saying he spoke to a lawyer and was told he did not have to move or pay anything on the house since he was married to my mother. He was told that 75% of her half was his despite the deed being joint tenants with rights of survivorship. Is this even possible that he would be entitled to stay in the house and I would still own it and pay the mortgage?
No, it's not. Your step father is out of luck unless he had a life estate in the house. Joint tenants with the right of survivorship means that each of you (you and your mother) owned 100% of the house and when one died (your mom) you remained with your 100% (if it makes sense but it makes it easier to explain it this way).
Your step father needs to move out. House is a non-probate asset. You should start eviction proceedings in L/T court if you really want him out.
Doesn't matter what he was "told." If you are JTWRS then the house is yours, period. You might need to file an Affidavit of Death of a Joint Tenant in your jurisdicition--I don't practice in WV so check w a lawyer there. But you can boot him out, NOW if that's what you need to do. And DO IT unless he makes the payments.
Good Luck,
Greg J.
Reno, NV
