Legal Question in Real Estate Law in Kansas

i want to move into a house,the owner passed away 4 years ago ,the house was never taking out of her name,the husband and her 2 children own the house now,the husband is renting me the house can the other two children kick me out of the house?


Asked on 9/04/10, 7:00 pm

1 Answer from Attorneys

Anthony Smith LawSmith

SAdly, it may be possible for the two children to evict you. If the surving husband, is nto their dad, then he owns half the house., and they each own 1/4. So technically, you owe 1/2 your rent to him and 1/2 to them. I advise that you take the possition that you are paying full rent, and that yrou landlord is responsbiel for getting the children's portion to them. It is also adviseable that you dtermine, from the children, what their psition is on you renting and occupyin gthe home. If they agree, but are worried that they will get cheated out of their share, then you should tell the surviving husband that you will pay him half the rent and 1/4 to each of the kids, until he shows you a signed waiver. That may force the three of them to get the title straightened out.

If you just move in and start paying rent to just him, you run the risk of being evicted, because you know about the interest of the two children.

Good luck

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Answered on 9/15/10, 11:24 am


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