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What can we do if some siblings refuse to sign the deed?

What can we do if some siblings refuse to sign the deed?

Q: What happens if your spouse dies and your name isn't on the house?

If your spouse dies and your name isn't on the house, the property may go through probate. If there is no will, state laws will determine inheritance. In many states, the spouse may have rights to a portion of the estate, even if not on the deed. Consulting a probate attorney can help you navigate your rights and options.

Full question:

We are trying to buy my husband's grandmother's house. She is in a nursing home and has been for over a year. We were just about to close when the bank's lawyers realized that the deed doesn't say with rights of survivorship. There are nine siblings and the lawyers have told us that they all must sign the deed along with their spouses. There are four of them refusing to sign. Is their anything at all we can do?

Category: Real Property
Subcategory: Partition
Date: 04/07/2025
State: Kentucky

Answer:

Joint tenancy allows two or more individuals to own property together, where the surviving tenant automatically inherits the deceased tenant's share. To create a joint tenancy, state law requires specific language in the deed. If the deed lacks the phrase 'with rights of survivorship,' the property may not pass automatically to the surviving owner upon death.

In your case, since the deed does not include rights of survivorship, all nine siblings and their spouses must sign the deed for the sale to proceed. If four siblings refuse to sign, this creates a significant obstacle.

One option is to consider a partition action. This legal process allows a co-owner to request a court order to sell the property or divide it among the owners. However, this can be complex and may not guarantee a quick resolution.

It's advisable to consult with a real estate attorney who specializes in property disputes to explore your options and determine the best course of action in your specific situation.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Who inherits a house if the surviving spouse is not on the deed?

If the surviving spouse is not on the deed, inheritance depends on state laws and the deceased's estate plan. Typically, if there is no will, the property may pass to the deceased's children or other relatives. In some states, the surviving spouse may still have rights to a portion of the estate, even if not on the deed. It's important to consult a probate attorney to understand the specific laws in your state.

What if my husband dies and the house is only in his name?

If your husband dies and the house is solely in his name, the property typically goes through probate. If there is no will, state laws will determine who inherits the property, often passing it to children or other relatives. If you are a spouse, you may have rights to a share of the estate, but this varies by state. Consulting an attorney can clarify your rights.

What happens if your name is not on the deed?

If your name is not on the deed, you generally do not have legal ownership of the property. This means you may not have rights to sell or make decisions about the property. However, your rights can depend on state laws, especially if you are married or have contributed to the property. Consulting a real estate attorney can help clarify your situation.

What are my rights if my name is not on a deed but married in New Jersey?

In New Jersey, if your name is not on the deed but you are married, you may still have rights to the property under state law. New Jersey recognizes marital property rights, which means you could have a claim to a share of the property. It’s advisable to consult a family law or real estate attorney to understand your specific rights.

What happens if your spouse dies and your name isn't on the house?

What if my name is not on the house?

If your name is not on the house, you typically do not have ownership rights. This means you may not be able to sell or make decisions regarding the property. However, your rights could vary based on state laws, especially if you are married or have contributed to the property. It's best to consult a real estate attorney to understand your specific situation.