Legal Question in Wills and Trusts in Florida

Who own's the house?

I have purchased a house with my Girlfriend 6 years ago. I was out of state when the papers were signed and only her name appears on the title. She has passed away without a will. She has 2 children from a previous marrage. NOw her Ex. wants the home. What can I do?

Regards,

Bill


Asked on 8/15/04, 3:34 pm

3 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Who own's the house?

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

It is very difficult to provide any real opinion without more information. First, are her children over the age of majority or still minors? Did they reside in the residence?

Second...did your girlfriend leave a will? The will may establish your right to the property if there is one.

There are many legal issues to review and I strongly suggest that you retain competent legal counsel to work with you on this matter.

Scott R. Jay, Esq., 305-249-8000

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Answered on 8/16/04, 10:41 pm
Darren Inverso Norton, Hammersley, Lopez & Skokos, P.A.

Re: Who own's the house?

A claim against the estate needs to be made and perhaps a declaratory action regarding your interest in the home. Either way, you should retain a lawyer. Feel free to drop me an email or give me a call at 941-954-4691.

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Answered on 8/16/04, 7:14 am

Re: Who own's the house?

If only her name was on the deed and you and she never got married, you do not have any legal interest in the property. Neither does her ex. The house will probably be considered her homestead and go to her children.

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Answered on 8/16/04, 7:48 am


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