Kansas City, KS asked in Probate for Kansas

Q: Does tenancy in common require probate in KS?

My ex husband died in 2016 with no will, leaving a home that I believed to be titled as joint tenancy, but which I've learned is worded as tenancy in common. I've lived in, paid all taxes on, maintained and improved the home by myself for the last 28 years since we divorced, and wish to remain in the house. My ex's wife at the time of his death wants my ex's share of the property. Now that it's 3 yrs after the death, is that a probate matter or is it too late for her to file? Does she still have a claim, and if so via what means? Are there any legal avenues available to me to gain sole ownership?

Related Topics:
1 Lawyer Answer
Ben F Meek III
Ben F Meek III
  • Probate Lawyer
  • Oklahoma City, OK

A: You might start by reviewing your divorce decree. If the property division gave you sole ownership of the house (subject to any mortgages, etc.) but the decree wasn’t recorded in the land records, all you may need to do is record it to be the sole owner (or you may have to sue to quiet title). Also, even if the decree kept you both as Co Tenants you should ask a Kansas real estate or probate lawyer about whether you have a homestead interest in the property. This would mean that you would be entitled to possess and live in the house until you die. You would have to maintain it in good condition and pay the taxes, etc. Have an experienced lawyer review your divorce decree and your deed to the property. Many offer free initial consultations. Good luck.

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.