Q: In a will, can deceased MIL give 1/2 the house to one child if the deed is only in surviving FIL name; MIL not on deed?
If the house deed is in Father's name only, can the mother still give half of the house to one of her children in her will? Can this child claim half the home as his own and continue living there? This child has been living there for many years without paying rent and FIL wants the son OUT, but son claims half of the house is his due to the mother's will. Can Father evict the son? Can the Mother still give half the house to her son though her name wasnt on the deed? Thank you in advance.
A: If the house was acquired during the marriage, the presumption would be that it was/is community property, regardless of whether or not her name was on the deed itself. An individual can dispose of their half of the community property to whomever they wish using a will. So, yes, it is possible that the mother could have passed on half of the house to her son via a will.
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