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Can someone who owns half a house for close on the other…

Customer Question
Can someone who owns...

Can someone who owns half a house for close on the other half if the other half owner has passed?

Lawyer's Assistant: What steps have been taken so far? Has any paperwork been prepared or filed?

No

Lawyer's Assistant: Where is the house located?

Laytonville ca

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No thank you

Submitted: 4 months ago.Category: Real Estate Law
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Answered in 4 minutes by:
3/23/2018
Real Estate Lawyer: legalgems, Arbitrator replied 4 months ago
legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 13,706
Experience: Just Answer consultant at Self employed
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Real Estate Lawyer: legalgems, Arbitrator replied 4 months ago

Was the property held as co tenants or joint tenants with right of survivorship?

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Customer reply replied 3 months ago
No, one never lived there. She bought my mother in laws boyfriends half of the house when he died.
Real Estate Lawyer: legalgems, Arbitrator replied 3 months ago

It depends on how title is held

So for example if the 2 owners of the property (there is no requirement that they live there) own the property as "joint tenants with right of survivorship" then upon the death of the first joint tenant, the second joint tenant will inherit that property as a matter of title regardless of relationship.

Now if it is held in co-ownership then the property of the first deceased would need to be probated and would go according to that party's will or if no will then per the laws of intestate succession (next of kin). The remaining owner of the property may offer to buy out that person as well to seek full ownership.

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Real Estate Lawyer: legalgems, Arbitrator replied 3 months ago

A co-owner cannot foreclose on another owner -only a lender that has that right per the contract (ie secured collateral being the house) can do so.

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Real Estate Lawyer: legalgems, Arbitrator replied 3 months ago

Hello; just checking in on the above.
If you have further questions please post here and I will do my best to get you the requested information.
Otherwise
kindly rate positively (hopefully you feel I have earned 5 stars) to help maintain my high customer satisfaction score and so I know you were satisfied with my services.

The above information is for educational purposes only. An attorney in one's jurisdiction can be located at https://www.americanbar.org/groups/legal_services/flh-home.html
Thank you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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