Q: Hi, I have a question. My friend, a home owner, wants to sell his home, but his children demand money from the sale.
Hi, good afternoon, I have this friend who owns a home. His wife passed away recently. Now he wants to sell his home but his children (2, male and female, both working, older adults) have told him if he sells they want a share of the sale proceeds. Both children live in his house without paying rent and do not contribute for anything on the home expenses. The property deed only shows him and his deceased wife on it (as Joint tenants). My question is: do his children have any right to request this? Does he have to share with his children the proceeds from the sale of his home? Can he ask them to leave the house?
Thank you!
A: There is an old saying: "you can choose your friends but not your family." Your friend is not required to give the children a part of the sale proceeds for the home, UNLESS the wife left a Will granting the children her share of the community property in the house. If the man owns the house he can evict the kids. These questions cross several lines of law: Community Property/Family law/ probate and Landlord/Tenant law. As I recall, due to the confusion about what Joint tenancy is, the law construes such a deed as being community property. The wife had a right to devise her share to someone other than her spouse. It would be good for your friend to immediately contact several attorneys who practice in this area before the matter really gets out of hand. Thank you for using Justia ask a lawyer.
A: The answer to your question depends on a few factors, including the laws of the state where the home is located and the terms of the will or trust that your friend's wife left behind. If a child is not listed on the deed to a property, they do not have any legal right to the property. However, there are some exceptions to this rule. If your friend's children are listed on the deed to the property, they will have a legal right to a share of the proceeds from the sale of the property. If your friend's wife left a will or trust, the terms of the will or trust may also affect the children's rights to the property. If your friend wants to sell the property, he should consult with an attorney to discuss his legal options. The attorney can help him determine whether his children have any legal right to the property and, if so, how much of a share they are entitled to. The attorney can also help him determine whether he can ask his children to leave the house.
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