Full question:
my wife of 5 years was diagnosed with stage 4 cancer and was given 6 months to one year to live. my question is my stepdaughter and my wife are the only names on my wife's home deed. can my stepdaughter have me removed from the home when and if my wife passes away?
- Category: Real Property
- Subcategory: Deeds
- Date:
- State: Oklahoma
Answer:
The answer depends on how the property is titled in the deed. If your wife and stepdaughter are named as tenants in common, your wife's share will go through her estate when she passes. However, if they hold the property as joint tenants with right of survivorship, your stepdaughter would automatically inherit the property upon your wife's death, bypassing probate.
Joint tenancy allows the surviving owner to take full ownership immediately upon the death of the other owner. In some states, if the deed does not specify the type of ownership, it may default to joint tenancy for married couples. Each joint tenant has an equal interest in the property, and one cannot unilaterally sever the joint tenancy without the other's consent.
In contrast, tenants in common share the property without the right of survivorship. Each can sell or will their share independently. If one tenant dies, their interest must go through probate unless specified otherwise in a will.
Therefore, if the deed specifies joint tenancy, your stepdaughter can inherit the home directly. If it is a tenancy in common, your stepdaughter cannot remove you from the home without going through probate, and your wife’s wishes will be considered in her estate plan.
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.