What are my rights if f I am a joint tenant on a warranty deed with my late father of the family home?

There is no Will. Does his widow, that is not my mother, have any right to stay in the home? She owns property herself and I want her out of my family home.

Asked on July 3, 2012 under Real Estate Law, Oklahoma


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you are your father were on title to a joint tenancy deed with the right of survivorship and he passed then there is a good chance that by operation of law you are now the sole owner of the real property you have written about.

I suggest that you take a certified copy of the joint tenancy deed to a real estate attorney for a legal opinion as to whether by operation of law you are now the sole owner of the property. If you are, the widow of your father (not your mother) would have no legal right to remain in your property absent a written lease allowing her to be a tenant of it. 

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