Q: In Indiana, if an umarried couple bought property in both names, one of them passes away w no will, can the other sell
A:
It depends on whether the couple owned the property as joint tenants or as tenants in common, which can be determined from the deed. If they owned it as joint tenants, the deceased person's 1/2 interest in the property automatically passed to the surviving member of the couple, and he or she can sell the property. Before doing so, the survivor will need to "clean up" the title record by signing a document called an affidavit of survivorship, having it notarized, and recording it in the office of the county recorder.
Things are different if the property was held as tenants in common. In that case, the deceased person's 1/2 interest in the property passes to his or her heirs under the rules of intestate succession, and it will probably have to go through probate. The surviving member of the couple will not be able to sell the property unless the other co-owner also agrees to sell.
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