What To Do with the Deed?

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What To Do with the Deed?

Q. My significant other and I have been living together for several years. He is still married. I am not. Our home is just in his name alone but he wants me to have it if he should pass. I said he should do a deed from him to the two of us in survivorship mode. He is doubtful. Your thoughts please?

A. Yeah, well, see, it’s kinda late to be thinking about this. Once you have created a homestead, a surviving spouse immediately has interests in that property even if the homestead owner hasn’t been with his/her spouse for many years–which I guess, is your situation. If he wills it to you but his spouse is alive at his death, his spouse is entitled to the homestead, not you. If he deeds it to you, now, his spouse has to sign the deed. If he sells it to someone else, his spouse still has to sign the deed. In a column like this is, it’s really not feasible to discuss possible ways to solve your problem so my best advice is for you and he to meet with an attorney to discuss what could be done.


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