i am co owner with my mother on some property. her and my father bought ti before i was born. they later divorced and upon his death i inherated his part. she tells me that because they bought it together that she now owns it and i only own the trailer which was completely in his name. is this true. she is trying to get me to sign a quick claim deed over to her. also when she passes away does her half get split between her other children or b/c she married my father does it just go to me. thank you so much for your time.
State/Country relating to question: New Mexico
this is it
Hi JACustomer,Was the property held as joint tenants, tenants by the entirety, or as tenants in common?
it was held jointly entirety. in the divore papers it says that upon the death of either parent the half was to go to the minor child which is me. i was a minor at the time of my fathers death but i am now of age.
If the property was held as joint tenants by the entirety, your mother is correct. Upon the death of one of the joint tenants, the property becomes completely owned by the surviving joint tenant.This fact cannot be changed by a divorce agreement or by a will.I think this is what you wanted to know. If not, please let me know.Thank you.
Expert in Landlord/Tenant Law. Licensed Real Estate Broker.
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