A deed is an essential legal document that shows you are the legal owner or co-owner of a house. If your name is on a deed, you have certain ownership rights to that property. If your name is on a need with another person, and that person passes away, your ownership rights may be affected. People who co-own property with another party who passes away often ask, What are my rights if my name is on a deed?
“Understanding your rights as a property owner or beneficiary is crucial, especially when inheritance and complex legal situations arise,” said Ronald V. Larson, a Partner at Gokal Law Group who has three decades of experience litigating complex business and commercial cases in California state and federal courts. “By navigating the intricacies of property ownership, including joint tenancy, tenancy in common, and potential disputes, you can protect your interests and ensure a smooth transition of property ownership. Consulting with a qualified attorney is essential to safeguard your rights and secure your future.”
Here’s what to know about your rights to ensure you receive what you are entitled to.
What Are My Rights if My Name is On a Deed?
If your name is on a deed, then you have ownership rights to the property. If your name is on a deed with another person, and that person passes away, your ownership rights may be affected.
This is especially true if the deceased co-owner wishes to pass their share of the property to other heirs or beneficiaries of their estate.
There are several things to know if your name is on a deed, including the type of ownership interest you have and the possible disputes that can arise if your name is on a deed.
What Are the Different Types of Property Ownership?
While it may seem straightforward, there are different types of ownership, including:
- Sole ownership: This type of ownership means you are the sole owner of the property and have complete control over the property, including the right to sell, lease, or mortgage it.
- Joint tenancy: Joint tenancy occurs when you own the property with one or more people and when one of those owners died, their share of the property automatically passes to the surviving owner or owners.
- Tenancy in common: Tenancy in common is a type of co-ownership where each owner has a specific, percentage interest in the property and when an owner dies, their interest does not automatically to the other co-owners.
What Are My Rights if My Name is On a Deed?
There are some general rights you can expect to have as a homeowner when your name is on a deed, such as the right of possession, control, enjoyment, disposition, and exclusion.
To determine your rights as a property owner, we recommend reviewing the terms of the deed.
The language in the deed will outline your ownership rights and any restrictions or limitations. If the property is held in a trust, the terms of the trust could influence your rights, too.
In some situations, local zoning laws could even come into play. For example, a local law might dictate specific uses of a property, prohibit the placement of mobile homes on a property or restrict the types of animals that a property owner can have.
What Are Potential Legal Disputes That Could Arise?
Potential legal disputes arise when a person believes they are the property’s rightful owner. It is essential to learn your rights as quickly as possible and enforce them with the help of an experienced attorney. Common issues include:
- Boundary disputes: Disagreements over property lines. If a portion of your property is on public land, for example, and the property lines aren’t clearly defined, a neighbor or public entity could claim ownership of a portion of your property.
- Liens on the property: If there are unpaid debts or taxes, the lienholder could try to take ownership of your property.
- Forgery or fraud: If the deed is fake or contains fraudulent information, this could also be a cause of legal dispute.
- Undue influence or coercion: If someone took advantage of or manipulated another person, especially if they lacked the capacity to make such decisions, into including their name on a deed to assume ownership.
- Adverse possession: Claims by others who have occupied the property for a specific period.
- Inheritance disputes: Conflicts over inheritance rights, especially in cases involving wills, trusts, or intestate succession when the property owner died without an estate plan.It is not uncommon for distant or estranged family members to show up and try to claim rights to a property after someone dies.
Regardless of which situation you might be in, working with an attorney is of the utmost importance to navigate these complexities and protect the property you are entitled to.
When Your Name is on the Deed But Not on the Mortgage Upon Death
The deed designates the legal owner of the property.
The mortgage, on the other hand, is a contract between a financial institution and a borrower in which the lender agrees to lend the borrower a sum of money needed to purchase a house in full. The borrower then agrees to pay back the amount.
There are circumstances where a person’s name may be on the deed but not on the mortgage. For example, after the death of a loved one when the home has been gifted to a family member as part of an estate plan or even when a couple wants to buy a house but one spouse has poor credit, causing them to decide to not put their name on the mortgage to get a better interest rate.
If your name is on the deed but not on the mortgage upon the death of a co-owner or a previous owner, you may need to assume payment of the mortgage.
In addition, if someone else has been, or is, paying the mortgage on the property, that may bolster an argument that they have a certain ownership interest in the property, even if their name is not on the deed. If the deceased owner owes debts or their estate has creditors, that may also affect your ownership rights even if your name is on the deed.
That is why talking to an experienced attorney is imperative to protect your ownership rights if your name is on a deed.
When There Are Two Names on a Deed and One Person Dies
What happens when there are two names on a deed and one person dies depends on whether the co-owners owned the property as joint tenants or as tenants in common.
If the arrangement is categorized as joint tenancy, generally the surviving owner automatically inherits the deceased owner’s share of the property.
If the arrangement is categorized as tenancy in common, the heirs or beneficiaries of the deceased owner generally inherit the deceased owner’s share of the property.
Related Article: What Happens to a Jointly Owned House When Someone Dies?
Protect Your Rights and Inheritance with Expert Counsel.
So, what are your rights if your name is on a deed? Ultimately, your rights depend on the type of ownership. To safeguard your rights as a property or beneficiary, speak with an attorney. An attorney will review the deed carefully, determine what your legal rights are to the property, and help you enforce them to ensure you receive or hold onto what you are entitled to.
Contact Gokal Law Group for expert representation.
Disclaimer:
The information provided on this website does not, and is not intended to, constitute legal advice. Use of, and access to, this website or any of the links or resources contained within the site do not create an attorney-client relationship between the reader, user, or browser and Gokal Law Group, Inc. All information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information.
Readers of this website should contact an attorney to obtain advice with respect to any particular legal matter. No reader, user, or browser of this site should act or refrain from acting on the basis of information on this site without first seeking legal advice from counsel in the relevant jurisdiction. Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation.