Legal Question in Wills and Trusts in California
Husband and wife own a home as tenants in common. He dies, his heirs inherit his half of the home. She can't afford to buy out his heirs. (1) Does she have the right to remain in the house without buying out his half ?
3 Answers from Attorneys
Definitely yes. Joint owners hae equal rights to the property. All or any can live in the house. If the property was community property, then it would pass to her and not his heir's.
The flip side is that any common owner can force a sale of the property. The community property issues should definately be explored as that could give Wife greater rights. I would consult with an attorney to get a complete analysis based on all of the pertinent facts.
There are some other statutes in the probate code which would allow her to remain in the property, such as Spousal Set Aside.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
