Legal Question in Real Estate Law in Maine

'' joint tenants''

I bought a house with a girlfriend. we are not married.we have a mortgage on the property. It is held as joint tenants.

So what happens when one of us passes away? does the other get the property and assume all the debt?

What about heirs. she has two kids and I have two kids. what are the rights of the surviving heirs in that case?


Asked on 12/03/06, 9:28 am

1 Answer from Attorneys
Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Re: '' joint tenants''

Joint tenancy means that you each own the entirety of the property. You do not each own half. When one of you dies, that person's interest essentially dies with them, leaving the remaining party the sole owner of the property. The mortgage must be paid by the remaining party. Nothing passes to heirs.

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Answered on 12/04/06, 9:14 am


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