Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
BCM
User Panel

Site Notices
Posted: 12/3/2014 2:54:53 PM EDT
Well... I know I am a first class idiot for buying a house with someone I am not married to. I am only now looking up the difference between joint tenancy and tenants in common.

So I am under tenants in common, God forbid something happens, but if one of us were to die how would the property be split up? We have no wills or anything written down right now.

If I understand correct in that instance whatever percentage would go to the next of kin, for her it would be her kids. Any idea how the percentage would be determined?

And what would be the implications if I owned half a house now with her two kids owning her half?

I realize this is something I should have gone over before getting the house, and should do something to get everything set straight now, but I want to have an understanding exactly what I am dealing with. In order to get her to agree to anything I will have to have to have a good explanation for the reasons why. I just feel it's going to be me leave my share to her in a will, but on the flip side if something happens to her I don't want to be out of a place to live, I need to put that in a way that does not sound selfish.

Thanks in advance
Link Posted: 12/3/2014 4:51:27 PM EDT
[#1]
Intestate (no Will) laws vary from one state to the next. Therefore you need an estate attorney in your state to sort it out and see what can be done to minimize the potential for damage.
Link Posted: 12/3/2014 6:08:07 PM EDT
[#2]
a little late to be thinking about this now isn't it!!!
Link Posted: 12/4/2014 10:33:05 AM EDT
[#3]
Looking a little more seems we would probably both need wills leaving a life interest to the other.

I should probably just get married and sort everything out one time.
Link Posted: 12/4/2014 3:45:47 PM EDT
[#4]
Get married and then quit claim it into 'Tenants by the entirety' [if allowed ion your state].

If one dies the other gets the place, including a stepped up tax basis for half the market value.

If you want to pass your share elsewhere Tenants in Common.

Be aware than in common means if you break up she may be able to force a sale unless you have an overriding contract.
Link Posted: 12/9/2014 5:35:52 PM EDT
[#5]
Disclosing your state of residence would be a great start.
Link Posted: 12/9/2014 5:38:11 PM EDT
[#6]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Looking a little more seems we would probably both need wills leaving a life interest to the other.

I should probably just get married and sort everything out one time.
View Quote


You mean remainder.

"Life interest" have a meaning in your state? Sounds like a life estate.





Link Posted: 12/16/2014 5:20:21 PM EDT
[#7]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Disclosing your state of residence would be a great start.
View Quote

Close Join Our Mail List to Stay Up To Date! Win a FREE Membership!

Sign up for the ARFCOM weekly newsletter and be entered to win a free ARFCOM membership. One new winner* is announced every week!

You will receive an email every Friday morning featuring the latest chatter from the hottest topics, breaking news surrounding legislation, as well as exclusive deals only available to ARFCOM email subscribers.


By signing up you agree to our User Agreement. *Must have a registered ARFCOM account to win.
Top Top