Summary
The users mother passed away without a will, leaving a house to her four children. The user lives in the house and wants to know her rights when her siblings want to sell the property. The type of deed (joint tenancy or tenancy in common) determines the rights of the co-owners. In a joint tenancy, all owners have equal rights and no one can be forced out without agreement from all parties. In a tenancy in common, each owner can sell their share independently. The buyer would then become a tenant in common with the remaining owners.Full Conversation
my mom passed away with no will I moved into her home to care for her now my siblings want me out of the house so they can sell it it is in all of our names what are my rights
What is the exact ownership structure of the house? Is it joint tenancy or tenancy in common?
my two brothers one sister and myself own it
What type of ownership is it - joint tenancy or tenancy in common?
jyst my husband and I live there
What type of deed does the house have? Joint tenancy or tenancy in common?
the deed is in all * of our names
Is the deed structured as "joint tenancy" or "tenancy in common"?
- In Missouri, joint tenants have equal rights to the property.
- For tenancy in common, each owner can sell their share without consent from others.
can they make me move out
In Missouri, if the deed is a "joint tenancy", all owners have equal rights. If it's "tenancy in common", an owner can sell their share without others' consent. Can you clarify the deed type?
I will as soon as I can I have to look
Sure, take your time. It's important to know the type of deed to understand your rights better.
thank you be right back
Sure, ****. Please take your time. We'll be here to assist you once you have the information.
also I live in kansas
Are you seeking legal advice based on Missouri law or Kansas law?
kansas
What is the location of the property in question? Is it in Kansas or Missouri?
miltonvale ks
What is the nature of the deed for the property in Miltonvale, KS? Is it a joint tenancy or tenancy in common?
what do u mean
I mean, is the property owned as "joint tenants" where all owners have equal rights, or as "tenants in common" where each owner has a separate share?
iwould say equal share I don’t know right now until I get my deed
In Kansas, if it's a joint tenancy, all owners have equal rights. If it's tenancy in common, each owner can sell their share without others' consent. Please confirm the deed type.
kets say it’s the first one how would that work with * siblings
If it's a joint tenancy, all four siblings have equal rights to the property. No one can be forced out without agreement from all parties.
if it’s the second one how does the at work
If it's tenancy in common, each sibling owns a separate share and can sell their share without the consent of the others.
Howe do they sale there parts if I dont
In a tenancy in common, each owner can sell their share independently. The buyer would then become a tenant in common with the remaining owners.
TRY ME!
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