My boyfriend sold his house and we move out of state. We found another home and he paid cash for it but put my name on the deed.

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My boyfriend sold his house and we move out of state. We found another home and he paid cash for it but put my name on the deed.

My boyfriend sold his home and we moved out of state. He paid cash for the new home and put my name on the deed. I have paid for all of the belongs such as the refrigerator, blinds/curtains, etc. We also have purchased a boat and I am making payments on it but it is in his name. If he dies, what legal grounds do I have to live in the home?

Asked on June 28, 2019 under Real Estate Law, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

How is your name on the deed? To oversimplify:
1) If you and he were "joint tenants with right of survivorship" or JTROS, then when he died, the home became 100% yours, instantly and automatically. His children have no rights to it.
2) If you and he were "tenants in common," you each has a 50% interest. When he died, you kept your 50% but his 50% would be inherited by his children unless he had a will leaving it to someone else (e.g. you). In this case, you and his children end up co-owners. They can't kick you out, but they could force the home to be placed on the market and sold (they'd need to file a lawsuit to do this), after which you'll get 50% the proceeds and they will share the other 50%.
As to the boat: if only his name is on it, it was only his. His children will inherit unless he had a will leaving it to you. Making payments on it has nothing to do with ownership.


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