Q: Girlfriend 6 years both on deed of house in Tennessee. Bought at 60k. She is dying. Her children want money
Will my father be forced to pay her half to the children? They both live there currently. How can he protect himself and not sell the house? Can he make then wait when he gets is ready?
A: Not sure of your question. But boyfriend can stop making payments on the Deed of Trust and let the other Owner's Kids make payments. If she dies he is the Surviving Tenant By The Entirety, subject to the Deed of Trust. If he predeceases her, then she takes title fee simple, subject to Note and TD. If Note is not paid, Foreclosure will occur an d Detainer will remove both from house. He could also offer to sell his interest for a price, then kids take his Survivorship Interest subject to the TD, but Girlfriend retains her Survivorship Interest.
1 user found this answer helpful
A: If the couple were never married, then they probably own the house as Tenants In Common of 1/2 Undivided Interests each, or as Joint Tenants with Right of Survivorship. You need a Title Search to determine what the Estate is. And whether or not they are married is a major consideration. Irregardless of which Estate exists, either Party can demand a Partition Sale, but there may not be enough Equity to worry about. The amount of Equity and who will pay the Trust Deed from now on is critical. Foreclosure is always an option.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
