Legal Question in Real Estate Law in Connecticut

My mother and I own a home together. As I understand the deed if I should pass away she will then own the house and if she should pass away I would then own it. She soon plans to have a will drawn up and said she plans to leave her 1/2 of the house to my brother. 1) is this even possible with how the deed is written as per above? 2) if the answer is no, only if my brother is quit claimed onto the deed, can I be forced to agree to quit claim him onto it and 3) if he can be left her 1/2 of the house can I stay in the home after my mother passes away or can he force me to sell? I do not trust that I will be protected in the will.


Asked on 1/03/14, 6:33 pm

1 Answer from Attorneys
John Heffernan Heffernan Legal Group, LLP

If the current deed is in both your names IN SURVIVORSHIP, then she can't leave her half to your brother - it will pass to you by virtue of the deed and will not be part of her probate estate. She can't force you to quit claim to your brother. However, she can, during her lifetime, quit claim her half to your brother. That would turn the survivorship into a tenancy in common, wherein you and your brother would each own an undivided one half interest. (Technically, she could also break the survivorship by quit claiming her half to herself as a tenant in common during her lifetime, in which case she could then will her half to your brother.) In Connecticut, any co-owner can force a sale by bringing a partition action in the superior court.

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Answered on 1/04/14, 7:24 am


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