AboutJonathan Dever, Esq Expertise Real Estate Law, Buying Selling, Investor, all types of acquiring property through "creative techniques" and fraud avoidance
Experience Super Lawyer by Law and Politics for the last three years, part of over 900 transactions in the last 6 years
Organizations Ohio Bar Assn
Greene County Bar Assn
Champaign County Bar Assn
Publications Personal web site and web articles
Education/Credentials JD - Capital University
MA - IU of Penn
BA - U of Cincinnati
Awards and Honors Super Lawyer 2005, 2006, 2007
Who is Who, Lawyers 2006, 2007
Question I bought a residential house in Denver, Colorado in March of 2006. At that time I agreed to have a 2nd party on the title as tenant in common. I've paid all mortgages, taxes, improvements...etc for the house with no late payments. I've read what it means to be a tenant in common on the title and it's my understanding that a person could pass on their interest in the property to heirs in a will. My question is if this person dies and leaves no heirs in a will what becomes of the title? Is it possible to claim or obtain full ownership through legal means in the event this person should pass. It is my home and I want to protect my property.
Thank you for your time.
Answer IF they die Intestate( meaning without a will) then the State determines what happens to the property. It will pass according to the statutes, and if they have no heirs, then the State gets the 1/2 interest. It does not matter who pays the bills, unless a judge takes that into account if you filed a partition action.
If you want full interest to pass to you, consider a TOD or Survivorship deed. Neither however can prevent the other owner from transferring their interest to another during their lifetime.
