Is it possible if a married couple own a house together for one of them to Will their half of the house to a relative when they die?

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Is it possible if a married couple own a house together for one of them to Will their half of the house to a relative when they die?

Asked on June 15, 2012 under Estate Planning, Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Not if the married couples the property with "rights of survivorship."  PA, I believe, calls it "

Entireties property" which is property owned jointly by a husband and wife.  If the parties are tenants in common then yes, one tenant can will the ir half to others.  If the deed was not properly written when you purchased the proeprty you will have a WIll contest isse.  Please seek legal help.  Good luck.


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