Lansing, MI asked in Estate Planning for Michigan

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?

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1 Lawyer Answer
Kenneth V Zichi
Kenneth V Zichi
  • Estate Planning Lawyer
  • Fowlerville, MI
  • Licensed in Michigan

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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