No, I am referring to how you actually own the home. The deed conveyed an interest in the property to you and your partner. Tenants in common is likely the form of ownership used, but there are other options. For example, if you wanted to hold your portion of the property so that if either of you passed away that share would pass to the surviving partner, you could hold the property interest as joint tenants with a right of survivorship.

If you own the property as tenants in common, if one partner passed away then that partners property interest would pass with the rest of the partners estate. If the partner had a will, the interest in the property would pass as dictated in the will, for example. In the alternative, with joint tenants with a right of survivorship the property passes to the other joint tenant outside of probate automatically at the instance of death.

The reason I point this out is that you indicate the closing attorney stated both names were on all the documents. What is important is how the property interest was deeded. If the property was deeded to both of you as tenants in common, for example, then even if your relationship dissolves both partners retain their portion of the property as a tenant in common.

Any agreement as to the schedule of use of the property is distinct and that agreement would need to be amended if your concern was the allocation of use. This is going to be distinct from how the property is titled from the information you provided. My current understanding is that each of you was deeded 1/8th of the property, but only one of you is listed on the agreement addressing use of the property and is indicated to have use of the property 1/4 of the time. That agreement would need to be amended to include both names.

Thank you




Please click on the ACCEPT button for my answer so that I receive credit for assisting you. You may continue to ask follow-up questions after accepting. If the information is helpful, I would very much appreciate positive feedback. Bonuses are also appreciated. The responses do not create an attorney-client relationship and are informational only.

I appreciate the additional information. As you are concerned about the division of this property upon divorce, what you appear to be seeking is a post-nuptial agreement. These agreements address the division of property at divorce. You can address this single property or all of your marital property. Such agreements can become contentious upon divorce. You will each likely need an attorney involved to ensure that the agreement is valid if challenged at divorce. This currently appears to be community property assuming it was not purchase with seperate property funds. Without an agreement, the property will be included and addressed as community property at divorce. To control that outcome with certainty, a post-nuptial would be required.

Thank you




Please click on the ACCEPT button for my answer so that I receive credit for assisting you. You may continue to ask follow-up questions after accepting. If the information is helpful, I would very much appreciate positive feedback. Bonuses are also appreciated. The responses do not create an attorney-client relationship and are informational only.