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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 34272
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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I'm asking since I want my son to get our house but my

Customer Question

I'm asking since I want my son to get our house but my husband put in his will that it goes to his sister. How can I see to it my son gets it? The house is in both our names and have been married over 25 years
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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When you say the house is in both your names, do you mean that you are both listed as "joint tenants" or in "joint tenancy" on the deed?

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Did you buy the house together while married?

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thanks

Barrister

Customer: replied 1 year ago.
We bought the house together while married and both our names are ***** ***** deed.
Expert:  Barrister replied 1 year ago.

Ok, would you happen to have a copy of the deed so you can see if it mentions you being married to each other or uses the words "joint tenancy" in the deed? This is pretty important..

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thanks

Barrister

Customer: replied 1 year ago.
No I do not have a copy.
Expert:  Barrister replied 1 year ago.

Ok, then I can tell you how this will turn out depending on the way the deed is worded.. But you will have to get a copy of the recorded deed from the local land records office to know which way it will go..

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Under Iowa law, if you are married and the deed states something like "John and Jane Doe, a married couple" or "John Doe and Jane Doe, as joint tenants", then when one spouse passes, the survivor instantly becomes the sole owner of the property without any further action. So if your deed reads this way, then if he passes first, you become the sole owner regardless of what his will says and you can leave the house to whoever you want.

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But if the deed states something like "John Doe and Jane Doe, as tenants in common", which would be unusual for a married couple, then you own 50% and husband owns 50% and either of you can pass your 50% on to whoever you want to in your wills. So if he passed first and left his 50% to sister, she would inherit that 50% and you would then be an owner with her.

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So it all boils down to what your deed states..

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks

Barrister

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