The deed to my home has both my boyfriend's and my name. In the event that something should happen to me, am I able to will my half of to my

Asked by Suspicious, Dravosburg, PA Fri Sep 9, 2011

child? My 23 yr old child still lives at home and has helped me a great deal.

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Dolly Nicely, Agent, Wexford, PA
Fri Sep 9, 2011
If you took title to this property as "Joint Tenants with Right of Survivorship" you should be able to will your investment to your heir(s). For a legal opinion, you will want to contact your attorney to review your deed and determine exactly what applies/exists in your case.
2 votes
Joann Snyder, Agent, Coraopolis, PA
Fri Sep 9, 2011
That depends on the way you took title to the property...Joint Tenants, Joint Tentants with the right of Survivorship, or Tenants in commen. All of these can be answered by an Attorney who looks at your deed. If you have other queestion, I would be glad to help you.
1 vote
Lauryn Eadie, Agent, Reston, VA
Fri Sep 9, 2011
I agree with Dolly below, but these matters can be very complicated and you will want to contact your attorney or the attorney that performed the closing for more answers. Did you and your boyfriend have any signed agreement outside of the purchase contract and the title agreement? This could also impact what happens to the property.

Best of luck,
1 vote
Blair W. Coh…, Agent, Pittsburgh, PA
Fri Sep 9, 2011
Certainly always consult a good real estate attorney for each individual situation. Dolly was correct about consulting an attorney however she has it completely in reverse regarding "Joint Tenants with Right of Survivorship".

It should state right on your deed how title was taken. Basic real estate law tell us if you took title as "Tenants in Common" you may determine through your will or in the absence of a will Pennsylvania state law will determine to whom your assets, including real property, are left in the case of your death.

If you took title as "Joint Tenants with Right of Survivorship" you cannot circumvent this through a will and the property would go to your boyfriend in the event you should pass prior to him just as should he pass prior to you his interest in the property would go to you. The exception to this would be if he was convicted of your murder in which event it would go into your estate as determined by your will.

Again, contact a good real estate attorney to determine how you took title and if it turns out that it was by "Joint Tenants with Right of Survivorship" maybe you can discuss with your boyfriend having the deed transferred form you and him as "Joint Tenants with Right of Survivorship" to you and him as "Tenants in Common" which may benefit both of you if it is also his intention to leave it to heirs other then you.

Good luck,
0 votes
Karen Rice, Agent, Hawley, PA
Fri Sep 9, 2011
Definitely contact an attorney for this.
0 votes
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