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Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31766
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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my father is divorced since 2006 but he lives in the house

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my father is divorced since 2006 but he lives in the house on his farm in michigan and his ex-wife lives in the apartment above her vet clinic on the same 157 acres. my dad quit claimed his half of the property to us four children along with hisself at his attorney's advice because the deed is in both of there names but not ours. the attorney said michigan law automatically looks at it as they are tenants in common. we were told this would not keep his ex-wife from getting all the property if he should die. he is 84, she is 63. does the quit claim deed or the tenants in cimmon protect my dad's half going to her. he does have a will giving all his interest to us four kids equally.
Submitted: 7 years ago.
Category: Real Estate Law
Expert:  Roger replied 7 years ago.

The attorney told you correctly. Unless a deed says that the ownership is as "joint tenants with rights of survivorship" (which means that whoever lives longest ends up with all of the property), the property was held as tenants in common. This means that each owns 1/2 of the land and when one dies, that person's 1/2 interest goes to his/her heirs at law/beneficiaries in the will. If your father has deeded the property to his four children and himself, everyone owns 1/5 of 1/2 of the property. When he passes away, his 1/5 will be divided equally between the 4 kids - meaning each kid will end up owning 1/4 of 1/2 of the land.


The other 1/2 will be owned by his ex.

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Customer: replied 7 years ago.
what if the deed does say joint tenants with rights of survivorship? we are living with our father in the house. can the ex-spouse have us removed. how can it be changed if that is the case