Q: I own my house with my boyfriend. Could he leave his half in a will or trust?
We have a mortgage on the house. And it is in both of our names. Can my boyfriend leave his half in a will or trust?
A:
That depends on HOW you own in jointly. If it is as 'tenants in common' then you or your boyfriend can certainly leave a fractional half to anyone, but the VALUE of an "undivided half interest" in a house is pretty difficult to set.
If the house is owned 'with rights of survivorship' then no -- all bets are off and the only thing that can be left by will or otherwise is a POTENTIAL / CONTINGENT remainder interest which depends on his surviving past you as the other joint owner.
The whole thing SCREAMS 'you need to have a lawyer review your deed and give you advice'. This is not something that can easily be answered 'over the internet' ....
Trent Harris agrees with this answer
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