Full question:
My husband and his mother own a house together; my husband pays the mortgage, insurance, taxes and all repairs on this house. This property still has a large mortgage owed due to multiple refinances. His mother lives in the house alone. My husband has not made a will (yet). Who gets this property if my husband dies before his mother? Who gets this property if his mother dies, then my husband dies after her? He has 2 siblings & 2 grown children. What would I be entitled to as his spouse who supported his paying all expenses on this property while his mother and he were still alive?
- Category: Real Property
- Subcategory: Deeds
- Date:
- State: Mississippi
Answer:
The outcome depends on how the property is owned. If they own it as "joint tenants with rights of survivorship," then if your husband dies first, his mother inherits the property. If she dies first, he inherits it. If they own it as "tenants in common," your husband's share (typically half) would go according to his will, or if he has no will, under intestate succession laws. In Mississippi, this means his share would go to his children and spouse. However, since his mother owns the other half, her decisions affect the overall ownership value. It’s important to check the deed to determine the ownership type. Additionally, consider what your husband and his mother want regarding the property. They can change the ownership type if desired. Users can search for state-specific legal templates at .
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.